R v Sigalla (No. 4) [2016] NSWSC 1920

R v Sigalla (No. 4) [2016] NSWSC 1920

The material for which the accused sought a certificate concerned matters relevant to whether he was dishonest in making or causing payments from TZ Limited to himself or others, which was a principal issue in the case, and therefore fell within s 128(10)(b) of the Evidence Act 1995 (NSW). The application for a certificate under s 128 was refused.

Jurisdiction
Australia
Judgment Date
10 November 2016
Procedural Posture
Criminal Law Procedural Ruling / Accused's Application for a Certificate Under S 128 of the Evidence Act 1995 (nsw)
Outcome
Accused's application for a certificate under s 128 of the Evidence Act 1995 (NSW) refused.
Legal Topics
['certificate Under S 128 of the Evidence Act 1995 (nsw)' 'evidence by Defendant' 'self Incrimination' 'facts in Issue']
['criminal Law' 'evidence'] ['certificate Under S 128 of the Evidence Act 1995 (nsw)' 'evidence by Defendant' 'self Incrimination' 'facts in Issue']

Case Brief

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Procedural Posture

Criminal Law Procedural Ruling / Accused's Application for a Certificate Under S 128 of the Evidence Act 1995 (nsw)

Legal Issues

  1. 1 ['Whether the accused should be granted a certificate under s 128 of the Evidence Act 1995 (NSW) in respect of past evidence and evidence apprehended to be elicited in cross-examination.' 'Whether the material in respect of which the certificate was sought fell within s 128(10)(b) of the Evidence Act 1995 (NSW).']

Ratio Decidendi

The material for which the accused sought a certificate concerned matters relevant to whether he was dishonest in making or causing payments from TZ Limited to himself or others, which was a principal issue in the case, and therefore fell within s 128(10)(b) of the Evidence Act 1995 (NSW). The application for a certificate under s 128 was refused.

Court Disposition

Accused's application for a certificate under s 128 of the Evidence Act 1995 (NSW) refused.

Orders

  • ["The accused's application for a certificate under s 128 is refused."]