R v Agius; R v Castagna (No 5) [2017] NSWSC 1867

R v Agius; R v Castagna (No 5) [2017] NSWSC 1867

The trust deed was admissible because it was plainly relevant as a document identified by Dr Castagna in his voluntary disclosure statement, and the Crown would not rely on it in its own case as misleading or false, as a deliberate lie amounting to consciousness of guilt, or to impugn credibility; its probative value was not outweighed by the danger of unfair prejudice under s 137 of the Evidence Act 1995 (NSW).

Jurisdiction
Australia
Judgment Date
28 November 2017
Procedural Posture
Common Law Criminal / Procedural Ruling on Objection to Admissibility of Trust Deed in Proposed Jury Bundle
Outcome
Document admitted
Legal Topics
['admissibility of Documents' 'unfair Prejudice' 'probative Value' 'evidence Act 1995 (nsw), S 137' 'credibility' 'consciousness of Guilt']
['criminal Law' 'evidence'] ['admissibility of Documents' 'unfair Prejudice' 'probative Value' 'evidence Act 1995 (nsw), S 137' 'credibility' 'consciousness of Guilt']

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Procedural Posture

Common Law Criminal / Procedural Ruling on Objection to Admissibility of Trust Deed in Proposed Jury Bundle

Legal Issues

  1. 1 ['Whether a trust deed identified by Dr Castagna in his voluntary disclosure statement should be excluded under s 137 of the Evidence Act 1995 (NSW) on the basis of unfair prejudice.' "Whether the trust deed could be used to impugn Dr Castagna's credibility or as evidence of deliberate lies amounting to consciousness of guilt."]

Ratio Decidendi

The trust deed was admissible because it was plainly relevant as a document identified by Dr Castagna in his voluntary disclosure statement, and the Crown would not rely on it in its own case as misleading or false, as a deliberate lie amounting to consciousness of guilt, or to impugn credibility; its probative value was not outweighed by the danger of unfair prejudice under s 137 of the Evidence Act 1995 (NSW).

Court Disposition

Document admitted

Orders

  • ['The trust deed at pages 1453-1462 of the proposed jury bundle is admissible.']