R v Pratten (No 5) [2012] NSWSC 1668

R v Pratten (No 5) [2012] NSWSC 1668

The BDO Vanuatu, PKF Vanuatu and CPI website documents were admissible because the overwhelming inference from their content, website identity and evidence about access for alteration was that they originated from the relevant businesses and were business records, but their use was limited so they could not prove lack of relationships with companies or persons not mentioned. The Civil Aviation Insurance website document was inadmissible under s 137 because, although it may have been published by a company associated with Mr Pratten, it appeared not to have been written by him, and using it as an admission of ownership would be unfairly prejudicial in a way that outweighed its probative...

Jurisdiction
Australia
Judgment Date
16 May 2012
Procedural Posture
Criminal / Interlocutory Voir Dire Ruling on Admissibility of Documents
Outcome
The BDO Vanuatu, PKF Vanuatu and CPI website material was admitted with limitations; the Civil Aviation Insurance website material was rejected as inadmissible.
Legal Topics
['provenance of Documents' 'business Records' 'website Evidence' 'unfair Prejudice Under S 137 of the Evidence Act 1995' 'limitation of Use Under S 136 of the Evidence Act 1995']
['criminal Law' 'evidence'] ['provenance of Documents' 'business Records' 'website Evidence' 'unfair Prejudice Under S 137 of the Evidence Act 1995' 'limitation of Use Under S 136 of the Evidence Act 1995']

Case Brief

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Procedural Posture

Criminal / Interlocutory Voir Dire Ruling on Admissibility of Documents

Legal Issues

  1. 1 ['Whether websites obtained from www.archive.org were admissible as business records.' 'Whether the provenance of the BDO Vanuatu, PKF Vanuatu and CPI website documents was sufficiently proved or inferable.' 'Whether the Civil Aviation Insurance website document should be excluded as unfairly prejudicial under s 137 of the Evidence Act 1995 when relied on as an admission by the defendant.']

Ratio Decidendi

The BDO Vanuatu, PKF Vanuatu and CPI website documents were admissible because the overwhelming inference from their content, website identity and evidence about access for alteration was that they originated from the relevant businesses and were business records, but their use was limited so they could not prove lack of relationships with companies or persons not mentioned. The Civil Aviation Insurance website document was inadmissible under s 137 because, although it may have been published by a company associated with Mr Pratten, it appeared not to have been written by him, and using it as an admission of ownership would be unfairly prejudicial in a way that outweighed its probative...

Court Disposition

The BDO Vanuatu, PKF Vanuatu and CPI website material was admitted with limitations; the Civil Aviation Insurance website material was rejected as inadmissible.

Orders

  • ['The BDO Vanuatu website and its contents is admissible in the proceedings.' 'PKF Vanuatu website and its contents is admissible in the proceedings.' 'CPI website and its contents is admissible in the proceedings.' 'Civil Aviation Insurance website and its contents is inadmissible in the proceedings.']