R v Agius; R v Castagna (No 2) [2017] NSWSC 1864

R v Agius; R v Castagna (No 2) [2017] NSWSC 1864

The documents are admissible as business records under s 69 of the Evidence Act 1995 (NSW) as their provenance is sufficiently established, and there is no need to limit their use under s 136 as there is no unfair prejudice or misleading effect towards the accused.

Parties
Prosecution: Regina; Accused: Robert Francis Agius; Accused: Anthony Dante Castagna
Jurisdiction
Australia
Judgment Date
27 November 2017
Procedural Posture
Criminal / Voir Dire; Evidentiary Ruling
Outcome
Documents admitted
Legal Topics
Evidence, Business Records, Admissibility
Criminal Law Evidence Business Records Admissibility

Case Brief

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Parties

Regina

Prosecution

Robert Francis Agius

Accused

Anthony Dante Castagna

Accused

Procedural Posture

Criminal / Voir Dire; Evidentiary Ruling

Legal Issues

  1. 1 Whether the annual reports and accounts for Billbury Limited are admissible as business records under s 69 of the Evidence Act 1995 (NSW)
  2. 2 Whether there is occasion to limit their use under s 136 of the Evidence Act 1995 (NSW)

Ratio Decidendi

The documents are admissible as business records under s 69 of the Evidence Act 1995 (NSW) as their provenance is sufficiently established, and there is no need to limit their use under s 136 as there is no unfair prejudice or misleading effect towards the accused.

Court Disposition

Documents admitted

Orders

  • Documents which commence at pages 197, 225, 252, 339, 451, 535, 612, 655, 707, 909 and 944 of the draft jury bundle are admitted under s 69 of the Evidence Act in the Crown case.