R v Afu; R v Caleo (No 14) [2018] NSWSC 224

R v Afu; R v Caleo (No 14) [2018] NSWSC 224

The evidence that Mr Caleo told Ms Maria Caleo he was seeing Janice while married to Rita and described the marriage as an "open relationship" was probative of the Crown's motive case and its probative value was not outweighed by the danger of unfair prejudice under s 137. By contrast, the evidence that Mr Caleo said Rita died of cancer was not capable of supporting consciousness of guilt, had negligible probative value as credit evidence, and carried a danger of jury misuse despite directions, so it was inadmissible.

Jurisdiction
Australia
Judgment Date
28 February 2018
Procedural Posture
Criminal Proceeding / Procedural Evidentiary Ruling on Admissibility of Proposed Crown Evidence
Outcome
Evidence concerning the affair and "open relationship" was admitted; evidence that Rita Caleo died of cancer was excluded.
Legal Topics
['exclusion of Evidence' 'unfair Prejudice' 'probative Value' 'motive Evidence' 'credit Evidence' 'lies by an Accused' 'consciousness of Guilt']
['evidence' 'criminal Law'] ['exclusion of Evidence' 'unfair Prejudice' 'probative Value' 'motive Evidence' 'credit Evidence' 'lies by an Accused' 'consciousness of Guilt']

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Procedural Posture

Criminal Proceeding / Procedural Evidentiary Ruling on Admissibility of Proposed Crown Evidence

Legal Issues

  1. 1 ['Whether evidence that Mr Caleo told Ms Maria Caleo he had an "open relationship" with Rita Caleo while seeing Janice Yap should be admitted as evidence relevant to an affair and motive notwithstanding asserted unfair prejudice from use as credit evidence.' 'Whether evidence that Mr Caleo told Ms Maria Caleo that Rita Caleo died of cancer should be admitted as credit evidence or excluded because its probative value was outweighed by the danger of unfair prejudice.']

Ratio Decidendi

The evidence that Mr Caleo told Ms Maria Caleo he was seeing Janice while married to Rita and described the marriage as an "open relationship" was probative of the Crown's motive case and its probative value was not outweighed by the danger of unfair prejudice under s 137. By contrast, the evidence that Mr Caleo said Rita died of cancer was not capable of supporting consciousness of guilt, had negligible probative value as credit evidence, and carried a danger of jury misuse despite directions, so it was inadmissible.

Court Disposition

Evidence concerning the affair and "open relationship" was admitted; evidence that Rita Caleo died of cancer was excluded.

Orders

  • ['Evidence that Mr Caleo told Ms Maria Caleo he was seeing Janice while married to Rita and that he and Rita had an "open relationship" was allowed.' 'Evidence that Mr Caleo told Ms Maria Caleo that Rita Caleo died of cancer was ruled inadmissible.']