| IN THE SUPREME COURT OF VICTORIA | Not Restricted |
AT MELBOURNE
CRIMINAL DIVISION
S CR 0094 of 2014
| THE DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| JOSEPH GEORGE CHRISTIANSZ |
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Ruling No. 1
JUDGE: | KING J |
WHERE HELD: | Melbourne |
DATE OF HEARING: | 16 March 2015 |
DATE OF RULING: | 17 March 2015 |
CASE MAY BE CITED AS: | R v Christiansz |
MEDIUM NEUTRAL CITATION: | [2015] VSC 94 (Ruling No. 1) |
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APPEARANCES: | Counsel | Solicitors |
| For the Crown | Mr R Gibson | Office of Public Prosecutions |
| For the Accused | Ms C Randazzo SC | Melasecca, Zayler & Kelly Barristers and Solicitors |
HER HONOUR:
In this case the following relevant documents were delivered and filed:
1) a summary of prosecution opening - 6 March 2015 — Exhibit 1 for the purposes of submissions and arguments as to relevance and admissibility of certain parts of the evidence;
2) defence response - 12 March 2015 — Exhibit 2;
3) submissions relating to motive and other aspects of the Crown case which were the subject of objection - 15 March 2015 — Exhibit 3; and
4) further submissions in response to the prosecution’s submissions of 13 March - 16 March 2015 — Exhibit 4
Resolved evidentiary issues
Those documents, and submissions in support, were relied upon during preliminary discussions and argument as to the admissibility of various aspects of the evidence in the. During those submissions and debate certain matters were resolved and all parties agreed that there was no necessity for the court to rule on the admissibility of those agreed matters.
To ensure that there is no confusion I will list the areas of evidence to which objection was originally made, and the resolution that both parties concurred was the correct conclusion. The parts of the evidence objected to were:
(i) The admissibility of the evidence that the accused was a prohibited person, which was a necessary element of the offence in charge 7 on the indictment, that the accused was a prohibited person in possession of a firearm. That matter has been resolved by the accused indicating that he will plead guilty to the charge of prohibited person and the Crown accepting that plea and agreeing to sever that charge from the indictment.
(ii) Issue was taken with the description of Mr Loulating, a security guard, who was in the employ of the accused. It is conceded by all parties that Mr Loulating was employed as a security guard on this day by the accused, through a company called Pure Protection. In his statement Mr Loulating said that he was arrested by police on that day but he had been exonerated. In relation to what he was doing in terms of assisting the accused, he stated that he was sort of looking after him and being utilised to move furniture and protect him from ex-partners he used to work with. Currently, I am not being called upon to rule in respect of the admissibility of this witness as the Crown intend to speak to him and clarify what,…
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- AGLC
- R v Christiansz [2015] VSC 94
- Case
- [2015] VSC 94
- Decision Date
CaseChat Overview and Summary
The court examined whether the probative value of the heroin evidence was outweighed by the danger of unfair prejudice, as per sections 135 and 137 of the Evidence Act 2008. The defence argued that the heroin evidence was highly prejudicial as it could lead the jury to infer that the accused was a drug dealer, thereby predisposing them to believe he was more likely to commit violent crimes. The Crown, however, contended that the evidence was relevant to the accused's motive and could not be disregarded despite its prejudicial nature. The court concluded that while the evidence was prejudicial, proper jury directions could mitigate this effect, ensuring the evidence's probative value was not substantially outweighed by the danger of unfair prejudice.
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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