R v Seller; R v McCarthy [2014] NSWSC 1287

R v Seller; R v McCarthy [2014] NSWSC 1287

It would not be an abuse of process to allow the Crown to adduce evidence that calls into question findings of fact made by Garling J, given the different nature of the proceedings, the different issues and orders sought, and the ability for evidentiary rulings to be revisited.

Jurisdiction
Australia
Judgment Date
29 July 2014
Procedural Posture
Criminal / Procedural and Other Rulings
Outcome
Objection to the adduction of evidence by the Crown on the basis of abuse of process is not upheld.
Legal Topics
['admission of Evidence' 'abuse of Process' 'findings of Fact' 'issue Estoppel']
['criminal Law' 'evidence' 'procedure'] ['admission of Evidence' 'abuse of Process' 'findings of Fact' 'issue Estoppel']

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Procedural Posture

Criminal / Procedural and Other Rulings

Legal Issues

  1. 1 ['Whether it would amount to an abuse of process to permit the admission of evidence that contradicts findings of fact made in a previous determination with regard to different orders sought']

Ratio Decidendi

It would not be an abuse of process to allow the Crown to adduce evidence that calls into question findings of fact made by Garling J, given the different nature of the proceedings, the different issues and orders sought, and the ability for evidentiary rulings to be revisited.

Court Disposition

Objection to the adduction of evidence by the Crown on the basis of abuse of process is not upheld.

Orders

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