Australia Leading Case hearsay

Lee v The Queen

(1998) 195 CLR 594

JurisdictionAustralia

CourtHigh Court of Australia

Year1998

StatusBinding authority

Summary

A prior inconsistent statement used for credibility cannot be used as evidence of the truth of its contents unless it falls within a hearsay exception under the Evidence Act 1995.

Key Principle

The HCA considered the hearsay rule under the Evidence Act 1995 and held that a prior inconsistent statement used for credibility purposes cannot be used as evidence of the truth of its contents unless it falls within a hearsay exception.

Area of Law

evidence

Related Cases

Warden v Bailey (2020) 103 NSWLR 207

IMM v The Queen (2016) 257 CLR 300

Under UEA s 97, tendency evidence in sexual offence cases requires significant probative value but no striking similarity between the tendency and charged acts.

Dasreef Pty Ltd v Hawchar (2011) 243 CLR 588

Expert opinion evidence is admissible only if based on specialised knowledge, and the expert must identify the facts and reasoning underlying the opinion.

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