R v Obeid (No 10) [2016] NSWSC 812

R v Obeid (No 10) [2016] NSWSC 812

The spreadsheets dated to 2011 were admissible because they were capable of supporting an inference that cash was taken from the businesses and provided to the accused, and thereby demonstrated that the potential the accused had in 2007 to profit from the businesses later crystallised. The evidence was also capable of demonstrating the nature of the accused's interests in the Circular Quay restaurants and his knowledge of those interests, and the earlier reasoning on prejudice in R v Obeid (No 6) remained applicable.

Jurisdiction
Australia
Judgment Date
07 June 2016
Procedural Posture
Criminal Evidence Admissibility Ruling / Trial Objection to Tender of Spreadsheets
Outcome
Evidence admitted
Legal Topics
['admissibility of Evidence' 'relevance' 'prejudice' 'cash Payments' 'basha Inquiry']
['criminal Law' 'evidence'] ['admissibility of Evidence' 'relevance' 'prejudice' 'cash Payments' 'basha Inquiry']

Case Brief

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Procedural Posture

Criminal Evidence Admissibility Ruling / Trial Objection to Tender of Spreadsheets

Legal Issues

  1. 1 ['Whether spreadsheets recording cash payments from Circular Quay restaurant businesses dated after January 2010 were admissible.' "Whether payments in 2010 and 2011 could bear on the accused's state of mind, conduct, interests, or knowledge in August 2007." 'Whether the probative value of the spreadsheets was outweighed or affected by unfair prejudice to the accused.']

Ratio Decidendi

The spreadsheets dated to 2011 were admissible because they were capable of supporting an inference that cash was taken from the businesses and provided to the accused, and thereby demonstrated that the potential the accused had in 2007 to profit from the businesses later crystallised. The evidence was also capable of demonstrating the nature of the accused's interests in the Circular Quay restaurants and his knowledge of those interests, and the earlier reasoning on prejudice in R v Obeid (No 6) remained applicable.

Court Disposition

Evidence admitted

Orders

  • ['The tender of the spreadsheets dated to 2011 will be allowed.']