R v Agius; R v Castagna (No 9) [2018] NSWSC 2041

R v Agius; R v Castagna (No 9) [2018] NSWSC 2041

The file note was a business record under s 69, was not excluded by s 69(3), and its probative value was not substantially outweighed by the risk of unfair prejudice. Therefore, the document (the discrete passages) was admitted into evidence.

Jurisdiction
Australia
Judgment Date
08 March 2018
Procedural Posture
Criminal / Interlocutory Ruling on Admissibility of Evidence
Outcome
File note admitted as evidence
Legal Topics
['business Records' 'hearsay Exception' 'discretion to Exclude Evidence']
['criminal Law' 'evidence'] ['business Records' 'hearsay Exception' 'discretion to Exclude Evidence']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal / Interlocutory Ruling on Admissibility of Evidence

Legal Issues

  1. 1 ['Whether file note is a business record under s 69 of the Evidence Act 1995 (NSW)' 'Whether exclusion under s 69(3) applies (prepared in contemplation of proceedings)' 'Whether evidence should be excluded under s 135 due to unfair prejudice']

Ratio Decidendi

The file note was a business record under s 69, was not excluded by s 69(3), and its probative value was not substantially outweighed by the risk of unfair prejudice. Therefore, the document (the discrete passages) was admitted into evidence.

Court Disposition

File note admitted as evidence

Orders

  • ['Discrete passages of Exhibit A (file note of 10 May 2009) are admitted into evidence']