R v Pirrello, Pirrello & D’Agostino [2019] NSWSC 1408

R v Pirrello, Pirrello & D’Agostino [2019] NSWSC 1408

The provision of amended 'Who's Who' and chronology documents to the jury as aids does not prejudice the accuseds' right to a fair trial, as long as the documents only contain factual material that is clearly established, are subject to counsel's review and amendment, and accompanied by proper jury directions on their limited status and usage. The playing of recorded conversations without transcript is not to be excluded as the Crown's disclosure obligations have been met by providing the recordings and a summary document.

Parties
Prosecution: Regina (Crown); Accused: Joseph D'Agostino; Accused: Michael Pirrello; Accused: Francesco Pirrello
Jurisdiction
Australia
Judgment Date
15 October 2019
Procedural Posture
Criminal Trial / Preliminary Ruling Prior to Crown Opening Address to Jury
Outcome
Application to exclude documents and recordings refused; documents to be amended and provided to the jury with appropriate directions.
Legal Topics
Conspiracy to Import Border Controlled Drugs, Jury Procedure, Documentary Aids in Trials, Exclusion of Evidence
Criminal Law Conspiracy to Import Border Controlled Drugs Jury Procedure Documentary Aids in Trials Exclusion of Evidence

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Parties

Regina (Crown)

Prosecution

Joseph D'Agostino

Accused

Michael Pirrello

Accused

Francesco Pirrello

Accused

Procedural Posture

Criminal Trial / Preliminary Ruling Prior to Crown Opening Address to Jury

Legal Issues

  1. 1 Whether the use of 'Who's Who' and chronology documents by the Crown in opening would prejudice the accuseds' trial
  2. 2 Whether the Crown's tender of recorded conversations without transcript should be excluded

Ratio Decidendi

The provision of amended 'Who's Who' and chronology documents to the jury as aids does not prejudice the accuseds' right to a fair trial, as long as the documents only contain factual material that is clearly established, are subject to counsel's review and amendment, and accompanied by proper jury directions on their limited status and usage. The playing of recorded conversations without transcript is not to be excluded as the Crown's disclosure obligations have been met by providing the recordings and a summary document.

Court Disposition

Application to exclude documents and recordings refused; documents to be amended and provided to the jury with appropriate directions.

Orders

  • Application to conditionally exclude evidence refused.