The Queen v FalzonCitation:[2018] HCA 29Before:Kiefel CJ, Bell, Keane, Nettle, Gordon JJDate:08 Aug 2018Case Number:M161/2017Read more
The evidence of cash found at the respondent's home was wrongly admitted as it was not sufficiently relevant to the offences charged, and its prejudicial effect outweighed its probative value.
- Parties
- Applicant: The Crown; Respondent: Respondent
- Jurisdiction
- Australia
- Judgment Date
- 08 August 2018
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- Appeal allowed
- Legal Topics
- Drug Offences, Admissibility of Evidence, Appeal Against Conviction
Case Brief
Summary, issues, holding and outcome
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Parties
The Crown
Applicant
Respondent
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether evidence of cash found at respondent's home was wrongly admitted at trial
- 2 Whether the cash was relevant to the offences charged
- 3 Whether the admission of the cash evidence prejudiced the respondent's trial
Ratio Decidendi
The evidence of cash found at the respondent's home was wrongly admitted as it was not sufficiently relevant to the offences charged, and its prejudicial effect outweighed its probative value.
Court Disposition
Appeal allowed
Orders
- Conviction quashed
- New trial ordered
Full Case Text
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