R v Macdonald; R v Edward Obeid; R v Moses Obeid (No 1) [2019] NSWSC 322

R v Macdonald; R v Edward Obeid; R v Moses Obeid (No 1) [2019] NSWSC 322

Evidence of events and transactions after 31 January 2009 relating to Moses Obeid’s dealings with mining companies, subsequent agreements, and profits are admissible for the limited purpose of proving the existence, nature, and scope of the conspiracy, and the financial motives of Edward and Moses Obeid, but not to prove Mr Macdonald’s participation. The Crown may rely on this evidence, subject to appropriate jury directions regarding its use and limits, and the probative value is not outweighed by the risk of prejudice under ss 135 or 137 of the Evidence Act.

Jurisdiction
Australia
Judgment Date
18 June 2019
Procedural Posture
Criminal / Pre Trial Ruling on Evidence Admissibility
Outcome
Evidence admitted for limited purpose
Legal Topics
['admissibility of Evidence' 'conspiracy' 'hearsay Exceptions' 'discretionary Exclusion of Evidence']
['evidence' 'criminal Law'] ['admissibility of Evidence' 'conspiracy' 'hearsay Exceptions' 'discretionary Exclusion of Evidence']

Case Brief

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Procedural Posture

Criminal / Pre Trial Ruling on Evidence Admissibility

Legal Issues

  1. 1 ['Admissibility of documentary and circumstantial evidence post-dating conspiracy' 'Relevance and probative value of post-conspiracy conduct' 'Application of co-conspirators rule and exceptions to hearsay' 'Discretionary exclusion under ss 135 and 137 Evidence Act 1995 (NSW)']

Ratio Decidendi

Evidence of events and transactions after 31 January 2009 relating to Moses Obeid’s dealings with mining companies, subsequent agreements, and profits are admissible for the limited purpose of proving the existence, nature, and scope of the conspiracy, and the financial motives of Edward and Moses Obeid, but not to prove Mr Macdonald’s participation. The Crown may rely on this evidence, subject to appropriate jury directions regarding its use and limits, and the probative value is not outweighed by the risk of prejudice under ss 135 or 137 of the Evidence Act.

Court Disposition

Evidence admitted for limited purpose

Orders

  • ["The evidence the subject of the 'global objection' is admissible for a limited purpose as outlined in the judgment."]