R v Dickson; R v Issakidis (No 8) [2014] NSWSC 1449

R v Dickson; R v Issakidis (No 8) [2014] NSWSC 1449

Because the cross-examination of Mr Compton and documents tendered through him were capable of suggesting that the relevant dealings between Dampier and Mr Issakidis were arm's length, the Crown should be allowed, by way of rebuttal and notwithstanding the earlier ruling, to tender the MFI 39 material so as to complete the picture on its own case.

Jurisdiction
Australia
Judgment Date
15 October 2014
Procedural Posture
Criminal Evidence Ruling / Tender of Documents Following Cross Examination of Mr Adrian Compton on Day 38
Outcome
Tender of documents allowed.
Legal Topics
['tender of Documents' 'rebuttal Evidence' 'cross Examination' 'unfair Disadvantage']
['evidence' 'criminal Law'] ['tender of Documents' 'rebuttal Evidence' 'cross Examination' 'unfair Disadvantage']

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Procedural Posture

Criminal Evidence Ruling / Tender of Documents Following Cross Examination of Mr Adrian Compton on Day 38

Legal Issues

  1. 1 ['Whether the Crown should be permitted to tender documents relating to communications between Mr Issakidis and Jay Corbett concerning a proposed loan, notwithstanding the earlier rejection of that class of documents in R v Dickson; R v Issakidis (No 6) [2014] NSWSC 1368.' "Whether evidence elicited in cross-examination suggested arm's length dealings between Dampier and Mr Issakidis such that the Crown should be allowed to tender the documents by way of rebuttal to complete the picture."]

Ratio Decidendi

Because the cross-examination of Mr Compton and documents tendered through him were capable of suggesting that the relevant dealings between Dampier and Mr Issakidis were arm's length, the Crown should be allowed, by way of rebuttal and notwithstanding the earlier ruling, to tender the MFI 39 material so as to complete the picture on its own case.

Court Disposition

Tender of documents allowed.

Orders

  • ['At the appropriate time the Crown will be permitted to tender the documents comprising MFI 39.']