| IN THE SUPREME COURT OF VICTORIA | Not Restricted | |
AT MELBOURNE
CRIMINAL DIVISION
S CR 2017 0078; S CR 2017 0079
S CR 2017 0080; S CR 2017 0081
S CR 2017 0082; S CR 2017 0104
Between:
THE QUEEN
-and-
ROBERT EDWARD CERANTONIO
PAUL JAMES DACRE
ANTONINO ALFIO GRANATA
SHAYDEN JAMIL THORNE
KADIR KAYA &
MURAT KAYA
Accused
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JUDGE: | Croucher J | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 20 November 2018 | |
DATE OF RULING: | 22 November 2018 | |
CASE MAY BE CITED AS: | R v Cerantonio & Ors (Ruling No 19) | |
MEDIUM NEUTRAL CITATION: | [2018] VSC 725 | |
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CRIMINAL LAW – Application by Crown for certification for application for leave to appeal against interlocutory decision – Six men charged jointly with offence of engaging in conduct preparatory to offence of entering a foreign country with intention of engaging in a hostile activity in that country – Court ruled, over objection of Crown, that evidence of mere fact of utterances or actions of an accused (i.e. shorn of any beliefs that may be inferred from such behaviour at time of occurrence) is not admissible, against that accused, in proof of belief, motivation or intention of that accused at time of charged conduct – Court left open other bases of admissibility of same evidence to be argued and ruled on – Whether interlocutory decision “otherwise of sufficient importance to the trial to justify its being determined on an interlocutory appeal” – Whether “the evidence, if ruled inadmissible, would eliminate or substantially weaken the prosecution case” – Whether application without merit – Whether application misconceived – Whether application premature – Application for certification refused – Criminal Procedure Act 2009 (Vic), s 295; The Queen v Cerantonio & Ors (Ruling 18) [2018] VSC 698.
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Appearances: | Counsel | Solicitors |
| For the Crown | Mr R Maidment QC with Ms R Sharp and Ms A Peek | Solicitor to Commonwealth Director of Public Prosecutions |
| For Robert Cerantonio | Mr J Williams with Dr G Boas | Stary Norton Halphen Criminal Lawyers |
| For Paul Dacre | Mr J McMahon SC with Ms G Morgan | Slades & Parsons Criminal Lawyers |
| For Antonino Granata | Mr C Farrington with Mr C Terry | Patrick W Dwyer Barristers & Solicitors |
| For Shayden Thorne | Mr S Moglia with Ms G Connelly | Doogue O’Brien George Barristers & Solicitors |
| For Kadir Kaya | Mr D Hallowes SC with Ms F Todd | Galbally & O’Bryan Defence Lawyers |
| For Murat Kaya | Mr D Dann QC with Mr M Goldberg | James Dowlsey & Associates Criminal Law |
HIS HONOUR:
Overview
The Crown applies, pursuant to s 295(2) of the Criminal Procedure Act 2009 (Vic) (“the CPA”), for certification for an application for leave to appeal to the Court of Appeal against an interlocutory decision.
The interlocutory decision against which the Crown wishes to appeal concerns my most recent pre-trial ruling in this matter (“Ruling 18”).[1] In particular, I ruled that evidence of the mere fact of certain utterances or actions by an accused (i.e. utterances or actions completely shorn of any belief or state…
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- AGLC
- R v Cerantonio (Ruling No 19) [2018] VSC 725
- Case
- [2018] VSC 725
- Decision Date
CaseChat Overview and Summary
The court found that the interlocutory decision was not of sufficient importance to justify an interlocutory appeal. The ruling that the mere fact of utterances or actions was not admissible to prove belief, motivation, or intention was not final and did not preclude the Crown from adducing other evidence. The court left open the possibility of other bases of admissibility for the same evidence to be argued and ruled on. The Crown’s application for certification was refused on the basis that it was premature and misconceived. The court held that the evidence, if ruled inadmissible, would not eliminate or substantially weaken the prosecution case.
The court concluded that the Crown’s application for certification was without merit. The interlocutory decision was not sufficiently significant to warrant an appeal, and the Crown had not demonstrated that the evidence in question was crucial to the prosecution case. The application was deemed premature as the court had not yet ruled on the admissibility of the evidence in question. Furthermore, the court found the application to be misconceived as it did not properly address the legal issues at hand. The final order was that the application for certification was refused.
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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