R v Chalabian (No. 11) [2022] NSWSC 384

R v Chalabian (No. 11) [2022] NSWSC 384

The evidence of Ashley Mills did not fall within s.165(1)(d) Evidence Act 1995 so as to warrant a s.165 warning, as his conduct was far removed from the central alleged crimes, he was not charged, received a s.128 certificate (unknown to the jury), and the jury could assess his credibility themselves. Thus, the application for a s.165 warning was declined.

Parties
Crown: Regina; Accused: Sevag Chalabian
Jurisdiction
Australia
Judgment Date
05 April 2022
Procedural Posture
Criminal Jury Trial / Ruling on Application for Jury Directions and Warning
Outcome
Application for a warning under s.165 Evidence Act 1995 declined
Legal Topics
Jury Directions, Unreliable Witness Warning, Section 165 Evidence Act, Money Laundering, Witnesses Not Called, Straw Directors
Criminal Law Evidence Jury Directions Unreliable Witness Warning Section 165 Evidence Act Money Laundering Witnesses Not Called Straw Directors

Case Brief

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Parties

Regina

Crown

Sevag Chalabian

Accused

Procedural Posture

Criminal Jury Trial / Ruling on Application for Jury Directions and Warning

Legal Issues

  1. 1 Whether a Mahmood direction should be given regarding persons not called by the Crown
  2. 2 Whether a warning under s.165 Evidence Act 1995 should be given regarding Ashley Mills' evidence

Ratio Decidendi

The evidence of Ashley Mills did not fall within s.165(1)(d) Evidence Act 1995 so as to warrant a s.165 warning, as his conduct was far removed from the central alleged crimes, he was not charged, received a s.128 certificate (unknown to the jury), and the jury could assess his credibility themselves. Thus, the application for a s.165 warning was declined.

Court Disposition

Application for a warning under s.165 Evidence Act 1995 declined

Orders

  • Court declines to give a warning under s.165 Evidence Act 1995 with respect to the evidence of Ashley Mills.