The Queen v FalzonCitation:[2018] HCA 29Before:Kiefel CJ, Bell, Keane, Nettle, Gordon JJDate:08 Aug 2018Case Number:M161/2017Read more

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

  1. 1 Whether evidence of cash found at respondent's home was wrongly admitted at trial
  2. 2 Whether the cash was relevant to the offences charged
  3. 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