R v Macdonald; R v Edward Obeid; R v Moses Obeid (No 13) [2020] NSWSC 1947

R v Macdonald; R v Edward Obeid; R v Moses Obeid (No 13) [2020] NSWSC 1947

MFI 39 (and its contents, including 'Wiles Map 1' and 'Wiles Map 2') was not lawfully seized under the warrant but should be admitted into evidence under s 138(1) of the Evidence Act as the desirability of its admission outweighs the undesirability; MFI 40 was lawfully seized and admissible; only a redacted part of Ms Kyriakopoulos' statement is admissible; the business record exception does not apply to the Property Seizure Record regarding Item 48.

Jurisdiction
Australia
Judgment Date
05 November 2020
Procedural Posture
Criminal / Voir Dire/procedural Ruling Regarding Admissibility of Evidence
Outcome
MFI 39 admitted as Exhibit X; MFI 40 admitted as Exhibit Y; see detailed rulings at [68], [77], and [122].
Legal Topics
['hearsay Exceptions' 'business Records' 'search and Seizure' 'exclusion of Evidence' 'improperly/illegally Obtained Evidence']
['evidence Law' 'criminal Law' 'procedure'] ['hearsay Exceptions' 'business Records' 'search and Seizure' 'exclusion of Evidence' 'improperly/illegally Obtained Evidence']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal / Voir Dire/procedural Ruling Regarding Admissibility of Evidence

Legal Issues

  1. 1 ['Whether witness statement admissible under s 65(2) of the Evidence Act via direction under s 67(4)' 'Whether business record exception in s 69 of Evidence Act applies to Property Seizure Record' 'Whether evidence was illegally obtained and, if so, should be admitted under discretion in s 138(1) of the Evidence Act' 'Whether search warrant validly issued and whether documents (MFI 39 and MFI 40) were lawfully seized']

Ratio Decidendi

MFI 39 (and its contents, including 'Wiles Map 1' and 'Wiles Map 2') was not lawfully seized under the warrant but should be admitted into evidence under s 138(1) of the Evidence Act as the desirability of its admission outweighs the undesirability; MFI 40 was lawfully seized and admissible; only a redacted part of Ms Kyriakopoulos' statement is admissible; the business record exception does not apply to the Property Seizure Record regarding Item 48.

Court Disposition

MFI 39 admitted as Exhibit X; MFI 40 admitted as Exhibit Y; see detailed rulings at [68], [77], and [122].

Orders

  • ['MFI 39 admitted into evidence as Exhibit X' 'MFI 40 admitted into evidence as Exhibit Y' "Only a redacted part of Ms Kyriakopoulos' statement is admissible" 'Business record exception not applicable to part of the Property Seizure Record re: Item 48']