R (Commonwealth) v Mark William Standen [2011] NSWSC 1045

R (Commonwealth) v Mark William Standen [2011] NSWSC 1045

The proposed evidence was clearly relevant because it tended to establish that the accused contravened the Crime Commission's informer management policy and tended to show the true nature of the relationship between the accused and Kinch. Any prejudice arising from late notice did not outweigh its strong probative value, particularly because the warrant was executed in an operation for which the accused was officer-in-charge and the Crown could supply the defence with the documents underlying Mr Giorgiutti's evidence.

Jurisdiction
Australia
Judgment Date
02 June 2011
Procedural Posture
Common Law Criminal / Interlocutory Application on Admissibility of Evidence
Outcome
Evidence admitted
Legal Topics
['admissibility of Evidence' 'relevance' 'probative Value' 'unfair Prejudice' 'late Notice']
['criminal Law' 'evidence'] ['admissibility of Evidence' 'relevance' 'probative Value' 'unfair Prejudice' 'late Notice']

Case Brief

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Procedural Posture

Common Law Criminal / Interlocutory Application on Admissibility of Evidence

Legal Issues

  1. 1 ['Whether evidence concerning execution of a search warrant in Operation Magazine on 20 March 2008 should be admitted.' 'Whether late notice to the defence and alleged unfair prejudice outweighed the probative value of the evidence.']

Ratio Decidendi

The proposed evidence was clearly relevant because it tended to establish that the accused contravened the Crime Commission's informer management policy and tended to show the true nature of the relationship between the accused and Kinch. Any prejudice arising from late notice did not outweigh its strong probative value, particularly because the warrant was executed in an operation for which the accused was officer-in-charge and the Crown could supply the defence with the documents underlying Mr Giorgiutti's evidence.

Court Disposition

Evidence admitted

Orders

  • ['Evidence admitted']