R (Cth) v Pirrello, Pirrello & D’Agostino [2019] NSWSC 1838

R (Cth) v Pirrello, Pirrello & D’Agostino [2019] NSWSC 1838

The evidence relied upon by the Crown, when taken together and viewed in context, clearly supports the conclusion that it was the accused who used the disputed telephone services, providing a sufficient foundation for the admissibility of the summary chart; whether the jury accepts the allegation remains for them to decide.

Parties
Prosecution: Regina (Crown); First Accused: Joseph D'Agostino; Second Accused: Michael Pirrello; Third Accused: Francesco Pirrello
Jurisdiction
Australia
Judgment Date
18 December 2019
Procedural Posture
Criminal / Admissibility Ruling During Trial
Outcome
evidence admitted
Legal Topics
Conspiracy to Import Drugs, Admissibility of Summary Evidence, Telephone Evidence, Identity of Communication Users
Criminal Law Conspiracy to Import Drugs Admissibility of Summary Evidence Telephone Evidence Identity of Communication Users

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 / Admissibility Ruling During Trial

Legal Issues

  1. 1 Admissibility of a summary chart of telephone service information under s 50 Evidence Act 1995 (NSW)
  2. 2 Whether foundational evidence supports inference as to the user of telephone services used in the course of overt acts in an alleged conspiracy

Ratio Decidendi

The evidence relied upon by the Crown, when taken together and viewed in context, clearly supports the conclusion that it was the accused who used the disputed telephone services, providing a sufficient foundation for the admissibility of the summary chart; whether the jury accepts the allegation remains for them to decide.

Court Disposition

evidence admitted

Orders

  • Evidence of a summary chart containing telephone service information is admitted