CITATION: Regina v Ronen & Ors [2004] NSWSC 1298 HEARING DATE(S): JUDGMENT DATE:
30 September 2004JUDGMENT OF: Whealy J at 1 DECISION: I do not consider that there is the danger of unfair prejudice to the accused CATCHWORDS: Unfavourable witness - application under s 38 Evidence Act - The changing nature of accounting evidence - - Prejudice and collateral disadvantage LEGISLATION CITED: Evidence Act CASES CITED: R v Fowler (2000) NSWCCA 142 at para 120
Souleyman (1996) 40 NSWLR 712
Gilbert Adam 47 NSWLR 267
Regina v Parkes (2003) NSWCCA 12 at 70
R v Le (2002) 54 NSWLR 474 at 481
R v White (NSWCCA 64 at 62-66)
R v Pantoja (unreported) NSWCCA 5 November 1998)
Regina v Hogan (2001) NSWCCA 297PARTIES :
Regina v Ida Ronen
Regina v Nitzan Ronen
Regina v Izhar RonenFILE NUMBER(S): SC 70222/03; 70032/03; 70223/03 COUNSEL: Mr T. Game SC; Ms S McNaughton - Crown
Mr R. Richter QC; Mr Rosenbaum - Accuded Ida Ronen
Mr I. Hill QC; Mr E. Power - Nitzan Ronen
Mr R. Van de Wiel QC; Mr P. Jones - Izhar RonenSOLICITORS: Ms P. Musgrave - Cth DPP
Watsons Solicitors - Accused
LOWER COURTJURISDICTION: Local Court LOWER COURT FILE NUMBER(S): LOWER COURT
JUDICIAL OFFICER :
IN THE SUPREME COURT
OF NEW SOUTH WALES
COMMON LAW DIVISION
CRIMINAL LISTWHEALY J
THURSDAY 30 September 2004
70222/03 - REGINA v Ida RONEN
70032/03 - REGINA v Nitzan RONEN
70223/03 - REGINA v Izhar RONENJUDGMENT - On application under s 38 by Crown Prosecutor – see page 5112 of the transcript
1 HIS HONOUR: There is before the Court an application under s 38 of the Evidence Act. The application is by the Crown and it is for leave to ask the witness, Mr Ian Geller, about a number of topics as though the Crown were cross-examining the witness.
2 Secondly, there is a related application for further leave of the Court to enable the Crown in going about that questioning, if it be permitted, to raise matters of credit, or, more precisely as s 38(3) states, about matters relevant only to the witness's credibility.
3 The topics have been identified by the Crown. There are a considerable number of them, although it is fair to say that the main topic relates to a matter that has played a not insignificant part to date in the evidence. I shall describe this topic as Mr Geller's role in the reallocation of loans to purchases in the books of On Fovo and Ronen Young Fashion and the corresponding reclassification of loans to sales in the books of Dolina Enterprises and Dolina Fashion Group. But, as I say, there were a very considerable number of other topics which were canvassed as well.
4 The Crown's application is generally made on the basis that it is entitled, according to its submission to question Mr Geller about matters referred to in s 38 1(a) and 38 1(c) of the Evidence Act
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- Regina v Ronen [2004] NSWSC 1298
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- [2004] NSWSC 1298
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CaseChat Overview and Summary
The central legal issues revolved around the admissibility of evidence from an unfavourable witness and the impact of the changing nature of accounting evidence. The respondent argued that the accountant's testimony was unreliable because of their initial refusal to testify against the respondent, and because accounting evidence was now subject to complex and evolving standards. The appeal questioned whether the trial judge correctly assessed the prejudice and collateral disadvantage to the respondent by admitting this evidence.
The court found that the trial judge had exercised their discretion correctly in admitting the evidence. The unreliability of the witness did not render the evidence inadmissible, as the judge had considered the witness's credibility and the context in which the evidence was given. The court also held that while accounting evidence was subject to change, this did not automatically disqualify it from being reliable or relevant. The prejudice and collateral disadvantage to the respondent were not such as to warrant exclusion of the evidence. The appeal was dismissed.
The High Court upheld the conviction, affirming that the trial judge's assessment of the evidence was sound. The court emphasised the importance of considering the overall context and the reliability of the evidence, rather than focusing on isolated aspects such as the witness's prior refusal to testify. The decision underscored the need for a balanced approach to the admission of accounting evidence, recognising its complexity while ensuring its relevance and reliability.
Orders
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Background
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
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