Commonwealth Director of Public Prosecutions v The Country Care Group Pty Ltd (Ruling No 9) [2021] FCA 366

Commonwealth Director of Public Prosecutions v The Country Care Group Pty Ltd (Ruling No 9) [2021] FCA 366

The objection to adducing Mr Grayson's evidence on the prosecutor's primary basis was rejected because the prosecutor proposed to rely on the evidence as part of the case that the comments were made at the St Kilda conference, other evidence could assist the jury to resolve that issue, and the identified prejudice was slight and capable of being remedied by a jury direction. The prosecutor was disallowed from adducing the evidence on the alternative basis because reliance on an event unrelated to the charged conduct, such as the Gold Coast conference, could not prove the intention fault element for the charged physical conduct without a probative link; the intention must attach to the...

Jurisdiction
Australia
Judgment Date
15 April 2021
Procedural Posture
Federal Crime and Related Proceedings; Criminal Cartel Offence Prosecution / Ruling on Objection to Evidence During Trial
Outcome
The accused's objection to the evidence on the prosecutor's primary basis was rejected; the prosecutor was disallowed from adducing the evidence on the alternative basis.
Legal Topics
['admissibility of Prosecution Evidence' 'unfair Prejudice and Probative Value' 'criminal Cartel Offence Provisions' 'coincidence of Physical and Fault Elements' 'jury Directions']
['evidence' 'criminal Law' 'competition and Consumer Law'] ['admissibility of Prosecution Evidence' 'unfair Prejudice and Probative Value' 'criminal Cartel Offence Provisions' 'coincidence of Physical and Fault Elements' 'jury Directions']

Case Brief

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Procedural Posture

Federal Crime and Related Proceedings; Criminal Cartel Offence Prosecution / Ruling on Objection to Evidence During Trial

Legal Issues

  1. 1 ["Whether the accused's objection to adducing evidence from Mr Mark Grayson about statements allegedly made by Mr Hogan concerning advertising below DVA contracted prices should be rejected on the prosecutor's primary basis." "Whether the jury could consider Mr Grayson's evidence, together with other evidence, to determine whether the relevant discussion occurred at the St Kilda conference rather than the Gold Coast conference." 'Whether the prosecutor could adduce the evidence on the alternative basis that it was relevant to the fault element of intention even if the discussion occurred at the Gold Coast conference.']

Ratio Decidendi

The objection to adducing Mr Grayson's evidence on the prosecutor's primary basis was rejected because the prosecutor proposed to rely on the evidence as part of the case that the comments were made at the St Kilda conference, other evidence could assist the jury to resolve that issue, and the identified prejudice was slight and capable of being remedied by a jury direction. The prosecutor was disallowed from adducing the evidence on the alternative basis because reliance on an event unrelated to the charged conduct, such as the Gold Coast conference, could not prove the intention fault element for the charged physical conduct without a probative link; the intention must attach to the...

Court Disposition

The accused's objection to the evidence on the prosecutor's primary basis was rejected; the prosecutor was disallowed from adducing the evidence on the alternative basis.

Orders

  • ['The objection by each accused to the adducing of certain evidence from Mr Mark Grayson upon the primary basis advanced by the prosecutor was rejected.' 'The prosecutor is disallowed from adducing that evidence upon the further basis advanced.' "The use to which the impugned component of Mr Grayson's evidence may...