Regina v Cakovski [2002] NSWSC 550

New South Wales Supreme Court

CITATION : Regina v Cakovski [2002] NSWSC 550 FILE NUMBER(S) : SC 70022/02 HEARING DATE(S) : 17/6/02; 18/6/02 JUDGMENT DATE : 18 June 2002

PARTIES : Regina v Daniel Cakovski JUDGMENT OF : O'Keefe J at 1

COUNSEL : Mr Paul Lynch /Mr M Snedden - Crown Mr Bruce Levet - Accused SOLICITORS : DPP, Sydney Downtown - Crown Albert A Macri Partners, Liverpool - Accused CATCHWORDS : Evidence - Tendency evidence - Similar fact evidence - Relevance - Probative value of evidence - Remotely relevant evidence - Comparison of tests under s 101 and s 135 of Evidence Act - Evidentiary onus - Contrast between prejudice and unfair prejudice LEGISLATION CITED : Evidence Act 1995 ss 97, 101, 135 Criminal Appeal Act 1912 s 5F Regina v Boardman (1975) AC 421 Regina v Kilbourne (1973) AC 529 D F Lyons Pty Limited v Commonwealth Bank of Australia (1991) 28 FCR 597 CASES CITED : Zaknic Pty Limited v Svelte Corporation Pty Limited (1995) 61 FCR 171 Regina v Lockyer (1996) 89 A Crim R 457 Regina v Edelsten (1989) 18 NSWLR 213 Regina v Steffan (1993) 30 NSWLR 633 Anson v DPP [2002] NSWSC 408, 10 May 2002 (unreported) DECISION : Evidence concerning 1978 events rejected; Evidence concerning events of 19 May 2001 admitted.

- 2 - IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION O'Keefe J

18 June 2002

70022/02 Regina v Cakovski

JUDGMENT

INTRODUCTION 1 Daniel Cakovski (the accused) stands charged that on 20 May 2001 at Strathfield, he murdered Eugene Petroff (the deceased), who was born on 11 July 1947. The trial was fixed to commence on 17 June 2002, but due to the unavailability of a court, no jury was able to be empanelled and the trial was unable to commence. However, the time that might otherwise have been lost was utilised by hearing argument on the admissibility of evidence in relation to two matters. Having heard argument I announced my conclusions. However, since the questions that had been decided had been dealt with as preliminary points, I indicated that the matters would need to be raised formally during the course of the trial since there was no right of appeal under s.5F of the Criminal Appeal Act 1912 in respect of the decision made on the preliminary points (Regina v Edelsten (1989) 18 NSWLR 213; Regina v Steffan (1993) 30 NSWLR 633; Anson v DPP [2002] NSWSC 408, 10 May 2002 (unreported)). 2 Counsel for the accused now seeks to adduce evidence of the two matters referred to above, namely :