R v Sinai (No 3) [2021] NSWSC 778

Supreme Court New South Wales

Medium Neutral Citation: R v Sinai (No 3) [2021] NSWSC 778 Hearing dates: 30 April, 7-8 June 2021 Decision date: 08 June 2021 Jurisdiction: Common Law - Criminal Before: R A Hulme J Decision: The hearsay evidence from Thang Duc Nguyen which is relevant to motive is admissible. The evidence of police having found $126,000 in three cars between Gundagai and Tarcutta is admissible. Evidence of the covertly recorded conversation on 3 August 2018 is admissible. Evidence of the availability of encrypted BlackBerry phone is inadmissible. Catchwords: EVIDENCE – hearsay evidence – overheard phone call – evidence relevant to motive – representation made in circumstances which make it highly probable that the representation is reliable –admissible EVIDENCE – $126,000 found in cars associated with the accused two days after the murder – relevant to motive – association with drug money argued to be unfairly prejudicial – admissible EVIDENCE – mandatory exclusion – evidence of encrypted BlackBerry phones being available to accused – relevant to explain absence of evidence of communication– minimal probative value – implication of accused's involvement in drug trafficking – probative value outweighed by unfair prejudice – inadmissible Legislation Cited: Evidence Act 1995 (NSW), ss 65(2), 136 Cases Cited: Butera v Director of Public Prosecutions (Vic) (1987) 164 CLR 180; [1987] HCA 58 Category: Procedural rulings Parties: Regina Abraham Sinai Representation: Counsel: Mr S Hughes (Crown) Mr M Tedeschi QC (Accused)