R v Afu; R v Caleo (No 3) [2017] NSWSC 1782

R v Afu; R v Caleo (No 3) [2017] NSWSC 1782

The coincidence evidence was admissible because, cumulatively, the murders of two people closely related to Mr Caleo, the financial circumstances disadvantageous to him in relation to each, the intrusions into the victims' homes indicating premeditated killings, and evidence that he arranged both murders could rationally affect the probability that he arranged both killings and had high probative value which substantially outweighed any unfair prejudice. The tendency evidence was inadmissible because the evidence concerning the alleged murder of Dr Chye did not strongly support the asserted tendency to arrange murders of relatives by marriage when financially pressured, and there was a...

Jurisdiction
Australia
Judgment Date
18 December 2017
Procedural Posture
Criminal Proceedings Concerning Counts Including Soliciting to Murder Dr Michael Chye and Soliciting to Murder Rita Caleo / Procedural Ruling on Admissibility of Coincidence Evidence and Tendency Evidence, and on the Accused's Application for Severance of Counts 2 and 3
Outcome
The coincidence evidence is admissible; the tendency evidence is inadmissible; the application for severance of counts 2 and 3 is refused.
Legal Topics
['coincidence Evidence' 'tendency Evidence' 'significant Probative Value' 'prejudicial Effect' 'severance of Counts' 'murder Solicitation']
['evidence' 'criminal Law' 'criminal Procedure'] ['coincidence Evidence' 'tendency Evidence' 'significant Probative Value' 'prejudicial Effect' 'severance of Counts' 'murder Solicitation']

Case Brief

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Procedural Posture

Criminal Proceedings Concerning Counts Including Soliciting to Murder Dr Michael Chye and Soliciting to Murder Rita Caleo / Procedural Ruling on Admissibility of Coincidence Evidence and Tendency Evidence, and on the Accused's Application for Severance of Counts 2 and 3

Legal Issues

  1. 1 ["Whether the Crown's proposed coincidence evidence concerning the murders of Dr Michael Chye and Rita Caleo was admissible under s 98(1) of the Evidence Act 1995 (NSW)." 'Whether the probative value of the coincidence evidence substantially outweighed any prejudicial effect under s 101 of the Evidence Act 1995 (NSW).' "Whether the Crown's proposed tendency evidence was admissible under s 97(1) of the Evidence Act 1995 (NSW)." 'Whether counts 2 and 3 should be severed and tried separately.']

Ratio Decidendi

The coincidence evidence was admissible because, cumulatively, the murders of two people closely related to Mr Caleo, the financial circumstances disadvantageous to him in relation to each, the intrusions into the victims' homes indicating premeditated killings, and evidence that he arranged both murders could rationally affect the probability that he arranged both killings and had high probative value which substantially outweighed any unfair prejudice. The tendency evidence was inadmissible because the evidence concerning the alleged murder of Dr Chye did not strongly support the asserted tendency to arrange murders of relatives by marriage when financially pressured, and there was a...

Court Disposition

The coincidence evidence is admissible; the tendency evidence is inadmissible; the application for severance of counts 2 and 3 is refused.

Orders

  • ['The coincidence evidence is admissible.' 'The tendency evidence is inadmissible.' 'The application for severance of counts 2 and 3 is refused.']