R v Alexander CITTADINI [2009] NSWDC 70

R v Alexander CITTADINI [2009] NSWDC 70

Evidence of deficient rudder housing welding was admissible because an obvious welding deficiency in a vital part of the yacht, readily identifiable by visual examination, had substantial probative value on the alleged absence of adequate supervision or quality control, and that probative value outweighed the danger of unfair prejudice. Evidence of staunchion placement and NDT hull welding was excluded: the staunchion evidence did not rationally prove an absence of a construction system that would have prevented delivery of the yacht with a defective keel, and in any event had slight probative value outweighed by unfair prejudice; the NDT hull welding evidence did not satisfy s55, and any...

Jurisdiction
Australia
Judgment Date
17 March 2009
Procedural Posture
Criminal Manslaughter Trial; Evidence Admissibility Application / Voir Dire/basha Enquiry and Ruling During Trial
Outcome
Application to exclude evidence upheld in part; hull welding evidence and staunchion placement evidence excluded, rudder post housing evidence admitted.
Legal Topics
['admissibility of Evidence' 'relevance' 'unfair Prejudice' 'probative Value' 'discretionary Exclusion' 'criminal Negligence Manslaughter']
['criminal Law' 'evidence'] ['admissibility of Evidence' 'relevance' 'unfair Prejudice' 'probative Value' 'discretionary Exclusion' 'criminal Negligence Manslaughter']

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Procedural Posture

Criminal Manslaughter Trial; Evidence Admissibility Application / Voir Dire/basha Enquiry and Ruling During Trial

Legal Issues

  1. 1 ["Whether evidence of alleged deficient welding in the hull was relevant to the Crown's alternative manslaughter case against Alexander Cittadini and admissible under the Evidence Act 1995." 'Whether evidence about deficiencies in welding of the rudder post housing was relevant and should be admitted or excluded under s 137 or s 135 of the Evidence Act 1995.' 'Whether evidence about the positioning of staunchions contrary to Blue Book requirements was relevant and should be admitted or excluded under s 137 or s 135 of the Evidence Act 1995.']

Ratio Decidendi

Evidence of deficient rudder housing welding was admissible because an obvious welding deficiency in a vital part of the yacht, readily identifiable by visual examination, had substantial probative value on the alleged absence of adequate supervision or quality control, and that probative value outweighed the danger of unfair prejudice. Evidence of staunchion placement and NDT hull welding was excluded: the staunchion evidence did not rationally prove an absence of a construction system that would have prevented delivery of the yacht with a defective keel, and in any event had slight probative value outweighed by unfair prejudice; the NDT hull welding evidence did not satisfy s55, and any...

Court Disposition

Application to exclude evidence upheld in part; hull welding evidence and staunchion placement evidence excluded, rudder post housing evidence admitted.

Orders

  • ['Evidence of the presence of, and relevant opinions about, alleged deficient welding in the hull from Australian NDT Services Pty Ltd investigation excluded.' 'Evidence from Alan Saunders, Brian Chandler and Craig Berg concerning deficiencies in welding of the rudder post housing admitted.' 'Evidence from Mr...