R v BB (No 2) [2019] NSWSC 1087

R v BB (No 2) [2019] NSWSC 1087

Objections to the admission of various business records, emails, and documents tendered by the Crown are rejected where the evidence is relevant, admissible under hearsay exceptions (including s 87(1)(c) for common purpose), and appropriately authenticated as business records through provenance and context. Unfair prejudice grounds (s 137) are not made out at this stage, since appropriate directions can manage any risk. Evidence is generally admitted unless otherwise expressly stated.

Jurisdiction
Australia
Judgment Date
22 August 2019
Procedural Posture
Criminal / Interlocutory Rulings on Evidence and Procedure During Trial
Outcome
Rulings on procedure and evidentiary objections; most Crown evidence admitted
Legal Topics
['admission of Business Records' 'hearsay and Exceptions' 'admissibility of Circumstantial Evidence' 'tender of Documents in Criminal Trials' 'common Purpose and Admissibility' 'unfair Prejudice' 'sanctions Offences']
['criminal Law' 'evidence' 'procedure'] ['admission of Business Records' 'hearsay and Exceptions' 'admissibility of Circumstantial Evidence' 'tender of Documents in Criminal Trials' 'common Purpose and Admissibility' 'unfair Prejudice' 'sanctions Offences']

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Procedural Posture

Criminal / Interlocutory Rulings on Evidence and Procedure During Trial

Legal Issues

  1. 1 ['Whether documents and emails tendered by the Crown are admissible as evidence' 'Whether representations of a co-accused are admissible against the accused' 'Application of s 137 of Evidence Act (unfair prejudice) to evidence sought to be admitted' 'Admissibility of business records obtained under search warrant']

Ratio Decidendi

Objections to the admission of various business records, emails, and documents tendered by the Crown are rejected where the evidence is relevant, admissible under hearsay exceptions (including s 87(1)(c) for common purpose), and appropriately authenticated as business records through provenance and context. Unfair prejudice grounds (s 137) are not made out at this stage, since appropriate directions can manage any risk. Evidence is generally admitted unless otherwise expressly stated.

Court Disposition

Rulings on procedure and evidentiary objections; most Crown evidence admitted

Orders

  • ['The evidence to which objection was taken is, unless otherwise expressly stated, admitted.' 'Directions will be given to the jury, as required, to confine the use of evidence to permissible purposes.']