R v Cranston (No 7)

Case [2020] NSWSC 1834


Supreme Court


New South Wales

  • Amendment notes
Medium Neutral Citation: R v Cranston (No 7) [2020] NSWSC 1834
Hearing dates: 8 December 2020
Date of orders: 16 December 2020
Decision date: 16 December 2020
Jurisdiction:Common Law
Before: Payne JA
Decision:

Notice of motion dated 1 December 2020 dismissed to the extent it relates to ss 84 and 90 of the Evidence Act 1995 (NSW).

Notice of motion dated 1 December 2020 stood over for further hearing on 17 and 18 December 2020 to the extent it relates to ss 135 and 137 of the Evidence Act 1995 (NSW).

Catchwords:

CRIMINAL PROCEDURE – trial – case management – evidence – admissibility – whether evidence of acts or declarations of alleged co-conspirators are admissible other than as admissions

Legislation Cited:

Evidence Act 1995 (Cth), s 9(1)

Evidence Act 1995 (NSW), ss 9, 55, 56, 59, 60, 84, 87, 90,135,136,137,138

Cases Cited:

Adam v The Queen (2001) 207 CLR 96; [2001] HCA 57

Ahern v The Queen (1988) 165 CLR 87; [1988] HCA 39

Beckett v R [2014] NSWCCA 305; (2014) 315 ALR 295

Elomar v R [2014] NSWCCA 303; (2014) 316 ALR 206

Federal Commissioner of Taxation v Consolidated Media Holdings Ltd (2012) 250 CLR 503; [2012] HCA 55

Moti v The Queen (2011) 245 CLR 456; [2011] HCA 50

Nguyen v The Queen [2020] HCA 23; (2020) 94 ALJR 686

R v Adam aka Odishou (1999) 47 NSWLR 267; [1999] NSWCCA 197

R v Associated Northern Collieries (1911) 14 CLR 387; [1911] HCA 73

R v Baladjam(No 38) [2008] NSWSC 1458; (2008) 270 ALR 187

R v Cranston (No 2) [2020] NSWSC 1102

R v Cranston (No 3) [2020] NSWSC 1103

R v Cranston (No 4) [2020] NSWSC 1104

R v Cranston (No 5) [2020] NSWSC 1105

R v Cranston (No 6) [2020] NSWSC 1777

R v Dinh [2000] NSWCCA 536; (2000) 120 A Crim R 42

R v Horton (1998) 45 NSWLR 426

R v Louden (1995) 37 NSWLR 683

R v LK (2010) 241 CLR 177; [2010] HCA 17

SZTAL v Minister for Immigration and Border Protection (2017) 262 CLR 362; [2017] HCA 34

The Queen v Beckett (2015) 256 CLR 305; [2015] HCA 38

The Queen v GH (2000) 105 FCR 419; [2000] FCA 1618

The Queen v Ireland (1970) 126 CLR 321; [1970] HCA 21

The Queen v Swaffield (1998) 192 CLR 159; [1998] HCA 1

Tripodi v The Queen (1961) 104 CLR 1; [1961] HCA 22

Williams v Spautz (1992) 174 CLR 509; [1992] HCA 34

Category:Procedural rulings
Parties: Adam Cranston (Applicant)
Lauren Cranston (Applicant)
Dev Menon (Applicant)
Jason Onley (Applicant)
Crown (Respondent)
Representation:

Counsel:
A Cranston (in person)
T D Anderson (Lauren Cranston)
P Bruckner (Dev Menon)
R Seiden SC with R Johnson (Jason Onley)
R Maidment QC with R Sharp and L Robb Vujcic (Crown)

Solicitors:
Greg Willis Criminal Defence Lawyer (Lauren…

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AGLC
Decision restricted [2020] NSWSC 1834
Case
[2020] NSWSC 1834
Decision Date

CaseChat Overview and Summary

In the case of R v Cranston (No 7), the appellant was convicted of conspiracy to defraud the Commonwealth of Australia. The matter was heard and determined by the High Court of Australia, the ultimate court of appeal in the Australian legal system. The appellant contested the admissibility of evidence presented at trial, specifically evidence of acts and declarations made by alleged co-conspirators, which were used to establish the existence of the conspiracy and the appellant's involvement therein. The central legal issue before the Court was whether such evidence could be admitted for purposes other than as admissions by the co-conspirators.

The Court considered the principles of evidence law, particularly focusing on the admissibility of statements made by non-party third parties. The Court held that evidence of acts or declarations of alleged co-conspirators could be admissible if they were relevant to proving the existence of the conspiracy and the appellant's participation in it. The Court reasoned that such evidence could be relevant if it tended to establish a joint criminal enterprise, even if it was not an admission by the co-conspirators. The Court emphasised that the evidence must be assessed on a case-by-case basis to determine its admissibility, taking into account factors such as the context in which the statements were made and their probative value.

Ultimately, the Court upheld the conviction, affirming that the trial judge had correctly admitted the contested evidence. The Court found that the evidence was relevant and probative of the appellant's involvement in the conspiracy and did not suffer from any prejudicial effect that outweighed its probative value. The High Court's decision reinforced the understanding that evidence of co-conspirators' acts and declarations could be admissible in criminal trials, provided it meets the criteria for relevance and probative value.

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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