R (Cth) v Pirrello, Pirrello & D’Agostino [2019] NSWSC 1835

R (Cth) v Pirrello, Pirrello & D’Agostino [2019] NSWSC 1835

The evidence concerning the circumstances surrounding the accused's arrest is admissible for the limited purpose of establishing association between Joseph D'Agostino and John Tobin, but its use as evidence of consciousness of guilt is excluded due to the probable inference that the provision of false identification was to evade an existing warrant, rendering it equivocal and unfairly prejudicial.

Parties
Prosecution: Regina (Crown); First Accused: Joseph D'Agostino; Second Accused: Michael Pirrello; Third Accused: Francesco Pirrello
Jurisdiction
Australia
Judgment Date
27 November 2019
Procedural Posture
Criminal / Evidentiary Ruling During Trial
Outcome
Evidence admitted for association only, excluded for consciousness of guilt.
Legal Topics
Admissibility of Evidence, Association Evidence, Consciousness of Guilt, Prejudicial Evidence
Criminal Law Admissibility of Evidence Association Evidence Consciousness of Guilt Prejudicial Evidence

Case Brief

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Parties

Regina (Crown)

Prosecution

Joseph D'Agostino

First Accused

Michael Pirrello

Second Accused

Francesco Pirrello

Third Accused

Procedural Posture

Criminal / Evidentiary Ruling During Trial

Legal Issues

  1. 1 Whether evidence regarding the circumstances of Joseph D'Agostino's arrest is admissible to establish association with a co-accused and/or as evidence of consciousness of guilt
  2. 2 Whether provision of false identification and association evidence is unfairly prejudicial

Ratio Decidendi

The evidence concerning the circumstances surrounding the accused's arrest is admissible for the limited purpose of establishing association between Joseph D'Agostino and John Tobin, but its use as evidence of consciousness of guilt is excluded due to the probable inference that the provision of false identification was to evade an existing warrant, rendering it equivocal and unfairly prejudicial.

Court Disposition

Evidence admitted for association only, excluded for consciousness of guilt.

Orders

  • Crown permitted to lead evidence of surveillance and association between D'Agostino and Tobin, including the production of the Medicare card, but not of the provision of a false name or false dates of birth as evidence of consciousness of guilt.
  • Relevant parts of police statements regarding false identification are excluded.