R v Niguidula (No 5) [2023] NSWSC 500

R v Niguidula (No 5) [2023] NSWSC 500

The Crown is entitled to tender the CCTV still image evidencing the accused at the immigration desk, as doing so imparts additional meaning beyond the bare admitted fact and is not made inadmissible solely by the accused’s admission, subject always to discretionary or mandatory exclusion. The binding authorities in NSW are that formal admissions do not preclude the Crown’s further proof of the admitted issues.

Jurisdiction
Australia
Judgment Date
11 May 2023
Procedural Posture
Criminal / Procedural Ruling During Trial (admissibility of Evidence)
Outcome
Application refused (blanket exclusion overruled); Crown allowed to tender still shot from CCTV.
Legal Topics
['admissibility of Evidence' 'effect of Admissions' 'discretionary Exclusion of Evidence']
['criminal Law' 'evidence'] ['admissibility of Evidence' 'effect of Admissions' 'discretionary Exclusion of Evidence']

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Procedural Posture

Criminal / Procedural Ruling During Trial (admissibility of Evidence)

Legal Issues

  1. 1 ['Whether the Crown may tender evidence (a CCTV still photograph) of a fact already admitted by the accused under s 184 of the Evidence Act 1995 (NSW)' 'Under what circumstances evidence may be excluded when an accused has made admissions']

Ratio Decidendi

The Crown is entitled to tender the CCTV still image evidencing the accused at the immigration desk, as doing so imparts additional meaning beyond the bare admitted fact and is not made inadmissible solely by the accused’s admission, subject always to discretionary or mandatory exclusion. The binding authorities in NSW are that formal admissions do not preclude the Crown’s further proof of the admitted issues.

Court Disposition

Application refused (blanket exclusion overruled); Crown allowed to tender still shot from CCTV.

Orders

  • ['The Crown is entitled to tender the still shot from the CCTV footage apparently showing the accused at the immigration desk in the Arrivals Hall at Sydney International Airport on 10 November 2019.']