R v Dickson; R v Issakidis (No 2) [2014] NSWSC 1078

R v Dickson; R v Issakidis (No 2) [2014] NSWSC 1078

Pages 83 and 1022 of MFI 2 are admissible as they are relevant to understanding the context of the transactions pursued against the accused; concerns regarding prejudicial content are mitigated by reference to the accompanying note about confidentiality, and the Crown is to clarify its evidentiary purpose if it intends to rely on more than confidentiality.

Jurisdiction
Australia
Judgment Date
06 August 2014
Procedural Posture
Criminal / Evidentiary Ruling
Outcome
documents admitted
Legal Topics
['admissibility of Evidence' 'coincidence Evidence' 'prosecutorial Practice' 'conspiracy']
['criminal Law'] ['admissibility of Evidence' 'coincidence Evidence' 'prosecutorial Practice' 'conspiracy']

Case Brief

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Procedural Posture

Criminal / Evidentiary Ruling

Legal Issues

  1. 1 ['Whether documents at pages 83 and 1022 of MFI 2 concerning the Nilnav transaction are admissible in evidence.' "Whether the prejudicial nature of the notation 'This diagram not to be provided to ATO' requires its exclusion under s 137 of the Evidence Act 1995 (NSW)."]

Ratio Decidendi

Pages 83 and 1022 of MFI 2 are admissible as they are relevant to understanding the context of the transactions pursued against the accused; concerns regarding prejudicial content are mitigated by reference to the accompanying note about confidentiality, and the Crown is to clarify its evidentiary purpose if it intends to rely on more than confidentiality.

Court Disposition

documents admitted

Orders

  • ['Pages 83 and 1022 of MFI 2 are admitted into evidence.' 'Crown to defer application for ruling on admission of pages 734, 735 and 918-1007 of MFI 2.' "Crown to clarify if 'This diagram not to be provided to ATO' is to prove more than confidentiality concerns."]