R v Seller; R v McCarthy (No 2) [2014] NSWSC 1288

R v Seller; R v McCarthy (No 2) [2014] NSWSC 1288

The tender of documentary evidence was rejected because an accurate copy was not provided to the opposing party and an accurate working copy was not available, denying procedural fairness and impairing the proper fulfilment of the judicial role.

Jurisdiction
Australia
Judgment Date
31 July 2014
Procedural Posture
Criminal / Procedural Motion Regarding Tender of Evidence
Outcome
Tender of the document rejected
Legal Topics
['evidence' 'procedural Fairness' 'admissibility of Documentary Evidence']
['criminal Law'] ['evidence' 'procedural Fairness' 'admissibility of Documentary Evidence']

Case Brief

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Procedural Posture

Criminal / Procedural Motion Regarding Tender of Evidence

Legal Issues

  1. 1 ['Whether documentary evidence can be tendered when an accurate copy has not been provided to the opposing party' 'Whether the absence of an accurate working copy impairs procedural fairness and prevents proper fulfilment of judicial role']

Ratio Decidendi

The tender of documentary evidence was rejected because an accurate copy was not provided to the opposing party and an accurate working copy was not available, denying procedural fairness and impairing the proper fulfilment of the judicial role.

Court Disposition

Tender of the document rejected

Orders

  • ['I reject the tender of the document on the motion.']