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Australia Leading Case hearsay

Lee v The Queen (Hearsay Evidence)

[1998] HCA 60
JurisdictionAustralia
CourtHigh Court of Australia
Year1998
StatusBinding authority

Summary

Section 60 of the Evidence Act 1995 (Cth) does not render admissible for the truth of its contents an out-of-court statement used to explain or challenge a witness's credibility.

Key Principle

Evidence of a prior representation is hearsay if used to prove the asserted truth; s.60 Evidence Act does not override the rule where evidence was admitted for a non-hearsay purpose.

Area of Law

criminal

Related Cases

Pell v The Queen (2020) 268 CLR 123

Appellate court must itself assess whether jury verdict was unreasonable where unchallenged opportunity evidence raised reasonable doubt as to guilt.

Smethurst v Commissioner of Police (2020) 272 CLR 177

Search warrant executed at journalist's home held invalid for technical defects; High Court considered scope of implied freedom of political communication but declined to quash the warrant on that basis.

De Silva v The Queen (2019) 268 CLR 57

The High Court considered the Browne v Dunn rule and the appropriate jury directions when a party fails to cross-examine a witness on a matter it intends to contradict.

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