R v Agius; R v Castagna (No 4) [2017] NSWSC 1866

R v Agius; R v Castagna (No 4) [2017] NSWSC 1866

The evidence contained in pages 1030 to 1034 of the proposed jury bundle was rejected because the judge was not satisfied on the balance of probabilities that it related to any relevant transfers involving the accused as required by s 142 of the Evidence Act 1995 (NSW).

Jurisdiction
Australia
Judgment Date
27 November 2017
Procedural Posture
Criminal / Ruling on Evidentiary Objection
Outcome
Objection upheld; evidence rejected.
Legal Topics
['evidence' 'relevance of Evidence']
['criminal Law'] ['evidence' 'relevance of Evidence']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal / Ruling on Evidentiary Objection

Legal Issues

  1. 1 ['Whether the intercepted telephone conversation is relevant and admissible as evidence in the proceedings against the accused.']

Ratio Decidendi

The evidence contained in pages 1030 to 1034 of the proposed jury bundle was rejected because the judge was not satisfied on the balance of probabilities that it related to any relevant transfers involving the accused as required by s 142 of the Evidence Act 1995 (NSW).

Court Disposition

Objection upheld; evidence rejected.

Orders

  • ['Pages 1030 and 1034 of the proposed jury bundle rejected on the ground of relevance.']