R v Macdonald; R v Maitland (No2) [2017] NSWSC 721

R v Macdonald; R v Maitland (No2) [2017] NSWSC 721

The summons to produce was not limited to documents created before the application or grant of the exploration licence, and the material indicating the date of the undated slip was sparse. Because the Crown had not established that the slip was dated or received by Sparke Helmore at a material time, the risk of unfair prejudice was not sufficiently ameliorated and document 56-0260 was rejected against both accused.

Jurisdiction
Australia
Judgment Date
30 January 2017
Procedural Posture
Criminal / Procedural Ruling on Objection to Admissibility of Document 56 0260
Outcome
Document 56-0260 rejected as against both accused.
Legal Topics
['admissibility' 'relevance' 'provenance of Document' 'unfair Prejudice' 'summons to Produce']
['criminal Law' 'evidence'] ['admissibility' 'relevance' 'provenance of Document' 'unfair Prejudice' 'summons to Produce']

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Procedural Posture

Criminal / Procedural Ruling on Objection to Admissibility of Document 56 0260

Legal Issues

  1. 1 ['Whether document 56-0260, an undated ResCo Services Pty Ltd "with compliments" slip attached to correspondence, was relevant and admissible against the accused.' 'Whether the lack of evidence as to the date or provenance of the slip created a risk of unfair prejudice insufficiently ameliorated.']

Ratio Decidendi

The summons to produce was not limited to documents created before the application or grant of the exploration licence, and the material indicating the date of the undated slip was sparse. Because the Crown had not established that the slip was dated or received by Sparke Helmore at a material time, the risk of unfair prejudice was not sufficiently ameliorated and document 56-0260 was rejected against both accused.

Court Disposition

Document 56-0260 rejected as against both accused.

Orders

  • ['Document 56-0260 is rejected as against both accused.']