R v Neil Gordon CAMM; R v Harold Charles CARY; R v Elizabeth May QUINCE; R v Brendan Matthew GODFREY; R v Lindsay Douglas WATSON [2008] NSWDC 39

New South Wales District Court

CITATION: R v Neil Gordon CAMM; R v Harold Charles CARY; R v Elizabeth May QUINCE; R v Brendan Matthew GODFREY; R v Lindsay Douglas WATSON [2008] NSWDC 39

HEARING DATE(S): 4 February 2008

JUDGMENT DATE: 5 February 2008

JURISDICTION: Criminal

JUDGMENT OF: Goldring DCJ

DECISION: Direct that evidence be admitted

CATCHWORDS: EVIDENCE - tendency evidence - evidence of context - evidence of conspiracy

LEGISLATION CITED: Evidence Act 1995 (Cth) Criminal Code 1995 (Cth)

CASES CITED: R v Saffron (1988) 17 NSWLR 395 R v Cornwell (2003) 57 NSWLR 82

Crown Neil Gordon Camm (Accused) PARTIES: Harold Charles Cary (Accused) Elizabeth May Quince (Accused) Brendan Matthew Godfrey (Accused) Lindsay Douglas Watson (Accused)

FILE NUMBER(S): 07/11/0355

P Roberts SC with C A Webster (Crown) C Miralis (Camm) COUNSEL: G Newton (Cary) J Trevallion (Quince) J Sabharwal (Godfrey) T Pasi, solicitor (Watson)

Commonwealth DPP Nyman Gibson (Camm) SOLICITORS: John Klees & Assoc (Cary) Ross Hill & Assoc (Quince) Wood Fussell Solicitors ACT (Godfrey) Pappas J Attorney ACT (Watson)

JUDGMENT

1 HIS HONOUR: I reserved last night my ruling on an objection taken, I think, by several of the accused to the Crown leading evidence of applications by the accused Cary and Quince to ATSIC in February 2001 for a loan enabling them to purchase a property known as 'J', and to evidence concerning the attempts by those two accused, with the knowledge and perhaps the participation of the accused Watson, to obtain first, a loan to purchase that property, and secondly, in relation to a property called 'N'. That application had two aspects, first an application to purchase the property and then to obtain a "rebate" of $600,000.