NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: R v Alexander CITTADINI [2008] NSWCCA 256
HEARING DATE(S): 30 October 2008 - 31 October 2008
JUDGMENT DATE: 5 November 2008
JUDGMENT OF: McClellan CJ at CL at 1; Simpson J at 2; McCallum J at 36
DECISION: By majority: Ruling that the evidence in question was tendency evidence is vacated.
CATCHWORDS: INTERLOCUTORY JUDGMENT - admissibility of evidence - whether tendency evidence - appeal by Crown against exclusion of evidence - Criminal Appeal Act 1912, s 5F(3A)
LEGISLATION CITED: Criminal Appeal Act 1912 Evidence Act 1995
CATEGORY: Separate Question
Nydam v R [1977] VR 430 The Queen v Lavender [2005] HCA 37; 222 CLR 67 Andrews v DDPP [1937] AC 576 CASES CITED : R v Adomako [1995] 1 AC 171 R v Taktak (1988) 14 NSWLR 226 Gardiner v R [2006] NSWCCA 190 Jacara Pty Ltd v Perpetual Trustees WA Ltd (2000) 106 FCR 51 Re D F Lyons Pty Ltd v Commonwealth Bank [1991] FCA 74
PARTIES: REGINA (Appellant) Alexander CITTADINI (Respondent)
FILE NUMBER(S): CCA 2008/1008
COUNSEL: DC Frearson SC with P Barrett (Appellant) SJ Odgers SC with D Priestley (Respondent)
SOLICITORS: S Kavanagh (Solicitor for Public Prosecutions) (Appellant) Mitchell Lawyers (Respondent)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 2008/11/0072
LOWER COURT JUDICIAL OFFICER: Sorby DCJ
IN THE COURT OF CRIMINAL APPEAL 2008/1008
McCLELLAN CJ at CL SIMPSON J McCALLUM J
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