R v Cranston (No 7) [2020] NSWSC 1834

R v Cranston (No 7) [2020] NSWSC 1834

Evidence of acts or declarations of alleged co-conspirators may be admitted for a non-hearsay purpose to prove the existence and nature of the conspiracy, even if potentially characterised as admissions. Sections 84 and 90 of the Evidence Act do not apply unless the evidence is actually adduced as an admission. The applicant's global objection to all such evidence is insufficient without precise identification and justification for exclusion. The notice of motion is dismissed as to ss 84 and 90, but stood over for arguments regarding ss 135 and 137.

Parties
Applicant: Adam Cranston; Applicant: Lauren Cranston; Applicant: Dev Menon; Applicant: Jason Onley; Respondent: Crown
Jurisdiction
Australia
Judgment Date
16 December 2020
Procedural Posture
Criminal / Pre Trial Motion on Evidence Admissibility
Outcome
Notice of motion dated 1 December 2020 dismissed to the extent it relates to ss 84 and 90 of the Evidence Act 1995 (NSW), stood over for further hearing to the extent it relates to ss 135 and 137 of the Act.
Legal Topics
Admissibility of Evidence, Conspiracy, Hearsay, Exclusion of Admissions, Case Management, Circumstantial Evidence
Criminal Law Evidence Law Admissibility of Evidence Conspiracy Hearsay Exclusion of Admissions Case Management Circumstantial Evidence

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Parties

Adam Cranston

Applicant

Lauren Cranston

Applicant

Dev Menon

Applicant

Jason Onley

Applicant

Crown

Respondent

Procedural Posture

Criminal / Pre Trial Motion on Evidence Admissibility

Legal Issues

  1. 1 Whether evidence of acts or declarations of alleged co-conspirators is admissible for a non-hearsay purpose and not excluded as admissions under ss 84 and 90 of the Evidence Act 1995 (NSW).

Ratio Decidendi

Evidence of acts or declarations of alleged co-conspirators may be admitted for a non-hearsay purpose to prove the existence and nature of the conspiracy, even if potentially characterised as admissions. Sections 84 and 90 of the Evidence Act do not apply unless the evidence is actually adduced as an admission. The applicant's global objection to all such evidence is insufficient without precise identification and justification for exclusion. The notice of motion is dismissed as to ss 84 and 90, but stood over for arguments regarding ss 135 and 137.

Court Disposition

Notice of motion dated 1 December 2020 dismissed to the extent it relates to ss 84 and 90 of the Evidence Act 1995 (NSW), stood over for further hearing to the extent it relates to ss 135 and 137 of the Act.

Orders

  • Notice of motion dated 1 December 2020 dismissed as it relates to ss 84 and 90 of Evidence Act 1995 (NSW).
  • Notice of motion dated 1 December 2020 stood over for hearing on 17 and 18 December 2020 as it relates to ss 135 and 137 of the Evidence Act 1995 (NSW).