R v Afu; R v Caleo (No 14) [2018] NSWSC 224

Supreme Court New South Wales

Medium Neutral Citation: R v Afu; R v Caleo (No 14) [2018] NSWSC 224 Hearing dates: 27 February 2018 Decision date: 28 February 2018 Jurisdiction: Common Law Before: R A Hulme J Decision: Evidence inadmissible Catchwords: EVIDENCE – discretions – exclusions of evidence – where accused told former wife he had "open relationship" with friend of deceased ex-wife – where Crown contended evidence relevant as evidence of affair and motive – where asserted lie that relationship was "open relationship" also proposed to be used as credibility evidence – whether possibility of evidence of lie being used in relation to credit would give rise to risk of unfair prejudice that outweighed probative value – evidence significant to motive – asserted lie would not be admissible solely for credibility purpose – evidence admitted

EVIDENCE – discretions – exclusions of evidence – where accused lied by saying murdered wife had died of cancer – where Crown proposed to lead evidence as relevant to credit – whether jury might give evidence undue weight or see it as evidence of bad character – lie not substantial enough to impact credibility – lie of minimal probative value – danger of misuse by jury despite directions – evidence excluded Legislation Cited: Evidence Act 1995 (NSW) s 137 Category: Procedural and other rulings Parties: Regina Mark Richard Caleo Representation: Counsel: Ms M Cunneen SC (Crown) Mr G Brady SC with Ms R Khalilizadeh (Accused)

Solicitors: Solicitor for Public Prosecutions William O'Brien & Ross Hudson Solicitors File Number(s): 2015/34389