R v Ronald Edward Medich (No. 41) [2018] NSWSC 375

R v Ronald Edward Medich (No. 41) [2018] NSWSC 375

The intercepted conversation had significant probative value in relation to both counts in the indictment, including the alleged intimidation of Mrs McGurk and the Crown case as to animosity towards the deceased. The possibility that the accused was speaking in the context of court proceedings did not reduce that probative value. There was no danger of unfair prejudice from the Crown not calling Mr Vereker, as he could not be cross-examined about his interpretation of what the accused said, and the jury could determine the weight to give the accused's statements. Accordingly, s 137 did not require exclusion and the evidence was admitted.

Jurisdiction
Australia
Judgment Date
23 March 2018
Procedural Posture
Criminal Proceeding / Procedural Ruling on Admissibility of Evidence
Outcome
Evidence admitted.
Legal Topics
['relevance' 'admissibility of Intercepted Telephone Conversation' 'exclusion of Prejudicial Evidence in Criminal Proceedings' 'unfair Prejudice' 'probative Value']
['criminal Law' 'evidence'] ['relevance' 'admissibility of Intercepted Telephone Conversation' 'exclusion of Prejudicial Evidence in Criminal Proceedings' 'unfair Prejudice' 'probative Value']

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 Proceeding / Procedural Ruling on Admissibility of Evidence

Legal Issues

  1. 1 ['Whether evidence of statements made by the accused in an intercepted telephone call was relevant and admissible.' 'Whether the evidence should be excluded under s 137 of the Evidence Act 1995 (NSW) because its probative value was outweighed by the danger of unfair prejudice to the accused.' 'Whether unfair prejudice arose from the Crown not calling the other party to the conversation.']

Ratio Decidendi

The intercepted conversation had significant probative value in relation to both counts in the indictment, including the alleged intimidation of Mrs McGurk and the Crown case as to animosity towards the deceased. The possibility that the accused was speaking in the context of court proceedings did not reduce that probative value. There was no danger of unfair prejudice from the Crown not calling Mr Vereker, as he could not be cross-examined about his interpretation of what the accused said, and the jury could determine the weight to give the accused's statements. Accordingly, s 137 did not require exclusion and the evidence was admitted.

Court Disposition

Evidence admitted.

Orders

  • ['The evidence of the telephone conversation between the accused and Mr Vereker should be admitted.']