Regina v Ronen & Ors [2004] NSWSC 1303

Regina v Ronen & Ors [2004] NSWSC 1303

Evidence regarding offers of records of interview to the accused is admissible as relevant to the Crown's response to the defence critique of the investigation, but the jury must be carefully directed regarding its use and reminded of the right to silence. The Crown is entitled to confer with an expert witness prior to re-examination, and there is no legal authority or Evidence Act provision warranting restriction of such conferences. Defence may adduce tax objection evidence, but the Crown is not permitted to tender Federal Court pleadings as that could distract the jury.

Jurisdiction
Australia
Judgment Date
10 November 2004
Procedural Posture
Criminal / Interlocutory Ruling (evidence Admissibility and Procedural Directions During Trial)
Outcome
Evidence allowed in part and re-examination permitted
Legal Topics
['admissibility of Evidence' 'right to Silence' 're Examination Procedures' 'expert Evidence' 'conduct of Criminal Trial']
['criminal Law' 'evidence' 'practice and Procedure'] ['admissibility of Evidence' 'right to Silence' 're Examination Procedures' 'expert Evidence' 'conduct of Criminal Trial']

Case Brief

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Procedural Posture

Criminal / Interlocutory Ruling (evidence Admissibility and Procedural Directions During Trial)

Legal Issues

  1. 1 ['Whether the Crown may hold a conference with an expert witness prior to re-examination' 'Admissibility of evidence regarding offers of records of interview to accused' 'Whether objections to tax reassessments or Federal Court pleadings should be admitted' 'Scope of re-examination of expert witness']

Ratio Decidendi

Evidence regarding offers of records of interview to the accused is admissible as relevant to the Crown's response to the defence critique of the investigation, but the jury must be carefully directed regarding its use and reminded of the right to silence. The Crown is entitled to confer with an expert witness prior to re-examination, and there is no legal authority or Evidence Act provision warranting restriction of such conferences. Defence may adduce tax objection evidence, but the Crown is not permitted to tender Federal Court pleadings as that could distract the jury.

Court Disposition

Evidence allowed in part and re-examination permitted

Orders

  • ['Crown permitted to confer with expert witness Ms Wade prior to re-examination' 'Evidence of offers of interview to all three accused permitted with direction to jury on right to silence' 'Defence permitted to adduce objections to tax assessments; Crown not permitted to adduce Federal Court pleadings' 'Crown...