Trajovski v R [2017] NSWDC 325

District Court New South Wales

Medium Neutral Citation: Trajovski v R [2017] NSWDC 325 Hearing dates: 24 – 26 July 2017 Date of orders: 26 July 2017 Decision date: 26 July 2017 Jurisdiction: Criminal Before: Neilson DCJ Decision: Appeal is dismissed Catchwords: CRIME – APPEAL FROM LOCAL COURT – 2 offences of recovering stolen goods – Evidence – Whether Crown could call rebuttal evidence when, for the first time, appellant said in evidence that an item had been lent to him by a neighbour, when prosecution had no notice of such a defence – Coincidence Evidence – Whether fact that 2 different items were stolen from a construction site, with other property, required prosecution to serve a notice under Evidence Act 1995 s98(1)(a) – Recent possession of stolen property Legislation Cited: Crimes Act 1900 Evidence Act 1995 Cases Cited: Bruce v R (1987) 74 ALR 219 Charara v R [2006] 164 A Crim R 39; [2006] NSWCCA 244 McCarthy v R (1993) 71 A Crim R 395 Parker v R [1982] 41 ALR 576 R v Bellamy (1981) 3 A Crim R 432 R v Cross (1995) 84 ACrimR 242 R v Rice [1963] 1 QB 857 Saleam v R (1989) 16 NSWLR 14; 39 A Crim R 406 Shaw v R (1952) 85 CLR 365 The Queen v Chin (1985) 157 CLR 671 Category: Principal judgment Parties: Mile Trajovski (Appellant) Regina (Respondent) Representation: Counsel: Mr Angelov (Appellant) Mr Jager (Respondent) File Number(s): 2014/321028 Publication restriction: Nil Decision under appeal Court or tribunal: Local Court of NSW Jurisdiction: Criminal Date of Decision: 04 November 2016 Before: Magistrate Milledge File Number(s): 2014/321028