R v Chalabian (No. 3) [2022] NSWSC 77

R v Chalabian (No. 3) [2022] NSWSC 77

It is appropriate for the Court to give the jury limited directions after opening addresses on the duties of solicitors and trust accounts in the amended terms of PTMFI 9 (with minor clarification), as these are accurate and uncontroversial statements of the law and are relevant to issues in the trial. Rulings on objections to telephone intercept evidence are made by determining whether the passages objected to are relevant under s 55 and s 56 of the Evidence Act 1995 and, where relevant, whether their probative value is substantially outweighed by any danger identified under s 135. Certain portions are found relevant and admissible, while others are excluded as irrelevant.

Jurisdiction
Australia
Judgment Date
08 February 2022
Procedural Posture
Criminal / Pretrial Procedural Ruling
Outcome
Procedural rulings made; directions to be given; evidentiary objections resolved.
Legal Topics
['money Laundering' "solicitors' Duties" 'trust Accounts' 'admissibility of Evidence' 'jury Directions' 'procedure']
['criminal Law'] ['money Laundering' "solicitors' Duties" 'trust Accounts' 'admissibility of Evidence' 'jury Directions' 'procedure']

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Procedural Posture

Criminal / Pretrial Procedural Ruling

Legal Issues

  1. 1 ["Whether the jury should receive early directions about solicitors' duties and trust accounts, and in what form" 'Rulings on admissibility of portions of telephone intercept evidence under the Evidence Act 1995 and in relation to relevance and discretion to exclude evidence']

Ratio Decidendi

It is appropriate for the Court to give the jury limited directions after opening addresses on the duties of solicitors and trust accounts in the amended terms of PTMFI 9 (with minor clarification), as these are accurate and uncontroversial statements of the law and are relevant to issues in the trial. Rulings on objections to telephone intercept evidence are made by determining whether the passages objected to are relevant under s 55 and s 56 of the Evidence Act 1995 and, where relevant, whether their probative value is substantially outweighed by any danger identified under s 135. Certain portions are found relevant and admissible, while others are excluded as irrelevant.

Court Disposition

Procedural rulings made; directions to be given; evidentiary objections resolved.

Orders

  • ['Court will give directions to the jury with respect to the role of solicitors and trust accounts in accordance with amended PTMFI 9, after opening addresses.' 'Crown objection to parts of telephone intercept conversations at pages 58-62, 159-162, 165-175 and 184-193 of PTMFI 3 is overruled; those parts are...