R v Ronald Edward Medich (No. 39) [2018] NSWSC 373

R v Ronald Edward Medich (No. 39) [2018] NSWSC 373

The evidence of costs incurred by the accused in the Tilley proceedings, both his own costs and costs paid to the deceased, was relevant and admissible because, viewed with the Crown case and the other evidence, it had a clear and logical connection to the relationship between the accused and the deceased, the deterioration of that relationship, and the asserted motive for the accused to want the deceased killed. The fact that the Tilley proceedings settled and that Mr Kelly described the accused as happy with the settlement went to weight for the jury, not relevance.

Jurisdiction
Australia
Judgment Date
23 March 2018
Procedural Posture
Criminal Proceedings; Procedural and Other Ruling Concerning Evidence / Ruling During Trial on Objection to Admissibility of Evidence of Legal Costs as Motive Evidence
Outcome
Objection on relevance rejected; evidence of costs incurred in the Tilley proceedings held relevant and admissible.
Legal Topics
['motive Evidence' 'relevance' 'legal Costs' 'summary Evidence' 'evidence Act 1995 (nsw)']
['criminal Law' 'evidence'] ['motive Evidence' 'relevance' 'legal Costs' 'summary Evidence' 'evidence Act 1995 (nsw)']

Case Brief

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Procedural Posture

Criminal Proceedings; Procedural and Other Ruling Concerning Evidence / Ruling During Trial on Objection to Admissibility of Evidence of Legal Costs as Motive Evidence

Legal Issues

  1. 1 ['Whether evidence of legal costs incurred by the accused in the Tilley proceedings was relevant to the Crown case on motive.' 'Whether the evidence of costs in the Tilley proceedings should be treated separately from other litigation costs because those proceedings had settled and the accused was said to be happy with the settlement.' "Whether the Crown's proposed schedule of costs was misleading or liable to exclusion under the Evidence Act 1995 (NSW)."]

Ratio Decidendi

The evidence of costs incurred by the accused in the Tilley proceedings, both his own costs and costs paid to the deceased, was relevant and admissible because, viewed with the Crown case and the other evidence, it had a clear and logical connection to the relationship between the accused and the deceased, the deterioration of that relationship, and the asserted motive for the accused to want the deceased killed. The fact that the Tilley proceedings settled and that Mr Kelly described the accused as happy with the settlement went to weight for the jury, not relevance.

Court Disposition

Objection on relevance rejected; evidence of costs incurred in the Tilley proceedings held relevant and admissible.

Orders

  • ['The evidence of the costs incurred in the Tilley proceedings is relevant and admissible.']