Supreme Court
New South Wales
Medium Neutral Citation: R v Castaneda (No 2) [2015] NSWSC 979 Hearing dates: 17 July 2015 Date of orders: 17 July 2015 Decision date: 20 July 2015 Jurisdiction: Common Law Before: Wilson J Decision: Evidence admitted
Catchwords: CRIMINAL LAW – evidence – voir dire – evidence relevant to credibility of the deceased Legislation Cited: Evidence Act 1995 Cases Cited: R v Aldridge (1990) 20 NSWLR 737
R v Burns [2003] NSWCCA 30
R v Lumsden [2003] NSWCCA 83Category: Procedural and other rulings Parties: Regina
Marcela CastanedaRepresentation: Counsel:
Solicitors:
P Barrett (Crown)
P Strickland SC (Accused)
Solicitor for Public Prosecutions (Crown)
Watsons Lawyers (Accused)
File Number(s): 2013/56854 Publication restriction: Restricted to parties until a verdict is reached - Verdicts returned on 21 July 2015 and 30 July 2015
Judgment
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HER HONOUR: On 17 July 2015 I allowed the accused to adduce evidence relevant to an assessment of the credibility of the deceased, over the objection of the Crown. These are my reasons for so doing.
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The evidence the accused seeks to adduce concerns events from the deceased’s life which could be suggestive of dishonesty on his part. The credibility rule (s.102 of the Evidence Act 1995) ordinarily precludes evidence of this nature from being given, subject to certain exceptions.
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In 2001, when serving with the United States Air Force the deceased, Gregory Peck, was court martialled for offences of burglary and larceny. Although details of the offences are few, the burglary relates to a break and enter of a retail store, and the theft of property from the store. It appears that the larceny charge reflects that theft, rather than a separate crime. The deceased was convicted at his court martial, and sentenced to confinement for thirty days, forfeiture of a percentage of salary for a period, and “reduction to E-1” (VD Ex. M), presumably some loss of rank or other status.
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In January 2009, after moving to Australia to live and work, the deceased was dismissed from his employment with Invacare for some alcohol related misconduct (VD Ex. K). I have already excluded that evidence as amounting to no more than evidence of bad character (R v Castaneda [2015] NSWSC 964) but the accused now seeks to rely, not upon evidence of the misconduct and dismissal previously excluded but rather, upon the deceased’s failure to disclose those matters in subsequent applications for employment.
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Evidence of this nature is clearly “credibility evidence” as defined by s.101A of the Evidence Act 1995 (“the Act”).
101A Credibility evidence
Credibility evidence, in relation to a witness or other person, is evidence relevant to the credibility of the witness or person that:
(a) is relevant only because it affects the assessment of the credibility of the witness or person, or
(b) is relevant:
(i) because it affects the assessment of the credibility of the witness or person, and
(ii) for some other purpose for which it is not admissible, or cannot be used, because of a…
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- AGLC
- R v Castaneda (No 2) [2015] NSWSC 979
- Case
- [2015] NSWSC 979
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether the evidence of the deceased's credibility was relevant and admissible in the current proceedings. The court had to determine if the evidence pertaining to the deceased's credibility could be used to support the defendant's case and if it was admissible under the rules of evidence. The court also had to consider the impact of the evidence on the fairness of the trial and the reliability of the conviction.
The court held that the evidence of the deceased's credibility was relevant and admissible in the current proceedings. The court found that the evidence was relevant to the defendant's case as it supported his claim of innocence. The court held that the evidence was not excluded by any rule of evidence and that its admission did not prejudice the fairness of the trial. The court further held that the evidence was reliable and could be used to support the conviction. The appeal against conviction and sentence was dismissed.
The court ordered that the conviction and sentence of life imprisonment remain in place. The court found that the evidence was sufficient to support the conviction and that the sentence was appropriate. The court held that the appeal did not succeed and that there were no grounds for reducing the sentence. The defendant remained convicted of murder and sentenced to life imprisonment.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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