The Queen v Naidu

Case [2010] VSCA 265


SUPREME COURT OF VICTORIA

COURT OF APPEAL

S APCR 2010 0276 

THE QUEEN

Applicant

v

KAMLESHWAR NAIDU

Respondent

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JUDGES:

ASHLEY, NEAVE and WEINBERG JJA

WHERE HELD:

MELBOURNE

DATE OF HEARING:

13 September 2010

DATE OF JUDGMENT:

18 October 2010

MEDIUM NEUTRAL CITATION:

[2010] VSCA 265

JUDGMENT APPEALED FROM:

[2010] VSC 356 (J Forrest J)

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Criminal law – Interlocutory appeal – Coincidence evidence ruled inadmissible pursuant to s 295(3)(a) Criminal Procedure Act 2009 (Vic) – Crown’s application for leave to appeal – Basis upon which leave may be granted – Whether judge below misapplied principle of ‘significant probative value’ – Application refused.

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APPEARANCES: Counsel Solicitors
For the Crown Mr C Beale and
Mr G Barr
Mr C Hyland, Solicitor for Public Prosecutions
For the Respondent Mr R Van de Wiel, QC and Ms L Ristivojevic Doogue & O’Brien

ASHLEY JA:

  1. A judge in the Trial Division ruled before trial that evidence which the Crown wished to adduce as coincidence evidence under s 98 of the Evidence Act2008 (Vic) (‘the Act’) did not, of itself or having regard to other evidence to be adduced, have significant probative value on the trial of Kamleshwar Naidu for the murder of his wife Jayanti (‘J’) on 16 June 2006. His Honour certified, pursuant to s 295(3)(a) of the Criminal Procedure Act 2009 (Vic) that the evidence which he had ruled inadmissible would substantially weaken the Crown case. Now the Crown seeks leave to appeal his Honour’s ruling, and to prosecute the appeal if leave is granted.

  1. In my opinion, leave to appeal should be refused.

The Crown case against Naidu

  1. The case against Naidu is that he set fire to J in the garage of their Doveton home, using an accelerant.  There is no doubt that she was set alight and that her death was a result of burns which she sustained.  Clear also it is that Naidu and the couple’s infant daughter were at home at the relevant time, and that no one else was then present. 

  1. On Naidu’s account - always remembering that he will not be put at trial to prove anything - his wife committed suicide, she having both threatened and attempted to do so on earlier occasions.

Notice of intention to adduce coincidence evidence

  1. The Crown gave notice under s 98(1)(a) of the Act of intention to introduce evidence that two or more events occurred to prove the following facts in issue: (1) that Naidu killed J; and (2), that he intended to kill her or cause her really serious injury. The evidence would be adduced to prove that he set fire to J with the pertinent intent.

  1. The two events of which evidence was to be adduced, and ‘particulars of the date, time and place and the circumstances in which each of the events occurred, and the names of relevant witnesses’, were described as follows:

Table B – Particulars for each event

DESCRIPTION OF EVENT

DATE

TIME

PLACE

CIRCUMSTANCES

WITNESSES

1.  

The accused’s first wife…

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The Queen v Naidu [2010] VSCA 265
Case
[2010] VSCA 265
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CaseChat Overview and Summary

The Queen, in this case, brought an interlocutory appeal against the decision of the County Court at Melbourne in relation to evidence that was deemed inadmissible under section 295(3)(a) of the Criminal Procedure Act 2009 (Vic). The defendant, Naidu, contested the admissibility of coincidence evidence, which the prosecution argued had significant probative value. The appeal focused on whether the trial judge had misapplied the principle of significant probative value in excluding the evidence.

The central legal issue before the court was whether the trial judge had erred in excluding the coincidence evidence from the trial. The court was tasked with determining whether the judge had misapplied the principle of significant probative value, which is a critical criterion for admissibility of evidence in criminal trials under the relevant statute. The court had to assess the application of this principle by the trial judge to decide if the exclusion of the evidence was justified or not.

In its reasoning, the court considered the trial judge's assessment of the evidence and the application of the significant probative value test. The court found that the trial judge had not misapplied the principle of significant probative value in excluding the evidence. The court concluded that the trial judge's decision was well-reasoned and aligned with the statutory requirements, thus the application for leave to appeal was refused. The decision underscored the importance of correctly applying statutory criteria in the admission of evidence, particularly in criminal trials where the integrity of the judicial process is paramount.

Orders

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Background

Background to the litigation

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Evidence

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Decision

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Ratio Decidendi

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