R v Joffe; R v Stromer [2011] NSWSC 894

R v Joffe; R v Stromer [2011] NSWSC 894

Evidence particularised in Table A of the Coincidence Notice (charged events) meets the significant probative value threshold under s.98(1)(b) and is admissible; evidence in Table B (uncharged matters) does not meet the threshold and is not admissible. The probative value of the Table A evidence substantially outweighs any prejudicial effect. Leave granted for consequential or ancillary orders.

Jurisdiction
Australia
Judgment Date
17 August 2011
Procedural Posture
Criminal / Pre Trial Evidentiary Ruling
Outcome
Applications on admissibility of evidence determined; partial grant and partial refusal.
Legal Topics
['insider Trading' 'admissibility of Evidence' 'coincidence Evidence' 'severance of Charges']
['criminal Law' 'evidence' 'corporate/financial Crime'] ['insider Trading' 'admissibility of Evidence' 'coincidence Evidence' 'severance of Charges']

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Procedural Posture

Criminal / Pre Trial Evidentiary Ruling

Legal Issues

  1. 1 ['Admissibility of coincidence evidence under s.98(1)(b) Evidence Act 1995' 'Whether coincidence evidence in Table A has significant probative value' 'Whether evidence from Table B (uncharged matters) is admissible under s.98(1)(b)' 'Balancing probative value against prejudicial effect under s.101(2) Evidence Act 1995']

Ratio Decidendi

Evidence particularised in Table A of the Coincidence Notice (charged events) meets the significant probative value threshold under s.98(1)(b) and is admissible; evidence in Table B (uncharged matters) does not meet the threshold and is not admissible. The probative value of the Table A evidence substantially outweighs any prejudicial effect. Leave granted for consequential or ancillary orders.

Court Disposition

Applications on admissibility of evidence determined; partial grant and partial refusal.

Orders

  • ['Evidence in Table A of Notice of Coincidence Evidence (charged counts) is admissible under s.98(1)(b) Evidence Act 1995.' 'Evidence in Table B of Notice of Coincidence Evidence (uncharged matters) is not admissible under s.98(1)(b) Evidence Act 1995.' 'Leave granted to any party to apply for consequential or...