R v Afu; R v Caleo (No 16) [2018] NSWSC 289

R v Afu; R v Caleo (No 16) [2018] NSWSC 289

Because Cindy's evidence raised an issue about whether two men involved in relevant events looked similar, images of Gerard Caleo and Anthony Stambolis in 1990 had probative value. The 1997 police charge photograph of Gerard Caleo was inadmissible because it depicted him seven years after the critical time and as a more mature man, and the 1990 police charge photograph of Anthony Stambolis was excluded because it was a close-up with no equivalent comparator. The still images from the funeral video and an appropriately edited version of the funeral video were admissible because, although the stills were of limited quality, they assisted the jury as a guide and aide memoire, and the video...

Jurisdiction
Australia
Judgment Date
07 March 2018
Procedural Posture
Criminal Proceeding / Procedural Ruling on Admissibility of Evidence During Trial
Outcome
Evidence partly admitted and partly excluded
Legal Topics
['admissibility of Photographs and Video' 'discretionary Exclusion of Evidence' 'probative Value' 'unfair Prejudice' 'similarity of Appearance Evidence']
['evidence' 'criminal Law'] ['admissibility of Photographs and Video' 'discretionary Exclusion of Evidence' 'probative Value' 'unfair Prejudice' 'similarity of Appearance Evidence']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Criminal Proceeding / Procedural Ruling on Admissibility of Evidence During Trial

Legal Issues

  1. 1 ['Whether photographs and video depicting Gerard Caleo and Anthony Stambolis should be admitted to assist the jury in assessing similarity or dissimilarity in their appearance in 1990.' 'Whether police charge photographs should be excluded because they might be misleading or given greater weight than warranted.' 'Whether still images from a funeral video and an edited version of the video should be admitted despite criticisms of image quality.']

Ratio Decidendi

Because Cindy's evidence raised an issue about whether two men involved in relevant events looked similar, images of Gerard Caleo and Anthony Stambolis in 1990 had probative value. The 1997 police charge photograph of Gerard Caleo was inadmissible because it depicted him seven years after the critical time and as a more mature man, and the 1990 police charge photograph of Anthony Stambolis was excluded because it was a close-up with no equivalent comparator. The still images from the funeral video and an appropriately edited version of the funeral video were admissible because, although the stills were of limited quality, they assisted the jury as a guide and aide memoire, and the video...

Court Disposition

Evidence partly admitted and partly excluded

Orders

  • ['The police charge photograph of Mr G Caleo, exhibit 28 on the voir dire, is inadmissible.' 'The police charge photograph of Mr Stambolis in 1990, exhibit 27 on the voir dire, is excluded.' 'Exhibit 29 on the voir dire, the still images from the funeral video, is admitted.' 'An appropriately edited version of the...