R v Cunneen (No. 1) [2022] NSWDC 585

R v Cunneen (No. 1) [2022] NSWDC 585

The common law rule admitting proof of the conviction of a principal offender as prima facie evidence in the trial of an accessory after the fact formed part of the common law applicable in New South Wales and was not abrogated by s 91 of the Evidence Act 1995, either expressly or by necessary intendment. The Certificate of Conviction of Sayle Kenneth Newson was therefore admissible as prima facie evidence of his conviction for the murder of Carly Dawn McBride. Its probative value was not substantially outweighed by any danger of unfair prejudice or of being misleading or confusing, and its probative value was not outweighed by the danger of unfair prejudice, particularly because the...

Jurisdiction
Australia
Judgment Date
18 May 2022
Procedural Posture
Criminal Procedural Ruling / Crown Application on Voir Dire to Tender Certificate of Conviction of Third Party
Outcome
Crown application granted.
Legal Topics
['accessorial Liability' 'accessory After the Fact to Murder' 'admissibility of Certificate of Conviction' 'evidence Act 1995 S 91' 'evidence Act 1995 Ss 135 and 137' 'common Law Rule Concerning Conviction of Principal Offender']
['criminal Law' 'evidence'] ['accessorial Liability' 'accessory After the Fact to Murder' 'admissibility of Certificate of Conviction' 'evidence Act 1995 S 91' 'evidence Act 1995 Ss 135 and 137' 'common Law Rule Concerning Conviction of Principal Offender']

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Procedural Posture

Criminal Procedural Ruling / Crown Application on Voir Dire to Tender Certificate of Conviction of Third Party

Legal Issues

  1. 1 ['Whether the common law rule that proof of conviction of an alleged principal offender is admissible and constitutes prima facie evidence that the principal offence was effected by him applies in New South Wales.' 'Whether s 91 of the Evidence Act 1995 abrogates that common law rule expressly or by necessary intendment.' 'Whether the Certificate of Conviction should be excluded under ss 135 or 137 of the Evidence Act 1995 because of unfair prejudice or because it could be misleading or confusing.']

Ratio Decidendi

The common law rule admitting proof of the conviction of a principal offender as prima facie evidence in the trial of an accessory after the fact formed part of the common law applicable in New South Wales and was not abrogated by s 91 of the Evidence Act 1995, either expressly or by necessary intendment. The Certificate of Conviction of Sayle Kenneth Newson was therefore admissible as prima facie evidence of his conviction for the murder of Carly Dawn McBride. Its probative value was not substantially outweighed by any danger of unfair prejudice or of being misleading or confusing, and its probative value was not outweighed by the danger of unfair prejudice, particularly because the...

Court Disposition

Crown application granted.

Orders

  • ['The Crown be allowed to adduce the Certificate of Conviction, as amended to omit irrelevant matters, into evidence.']