R v Afu; R v Caleo (No 16) [2018] NSWSC 289

Supreme Court New South Wales

Medium Neutral Citation: R v Afu; R v Caleo (No 16) [2018] NSWSC 289 Hearing dates: 7 March 2018 Decision date: 07 March 2018 Jurisdiction: Common Law Before: R A Hulme J Decision: Evidence admissible Catchwords: EVIDENCE – discretions – exclusions of evidence – where Crown sought to adduce photographs showing similarity between two people – photos included police charge photos – charge photos show men at two very different time periods – evidence excluded

EVIDENCE – discretions – exclusions of evidence – where Crown sought to adduce video and still images from video showing similarity between two people at time of murder – video relatively clear – criticisms of quality of still images – still images useful to jury as aide memoire – evidence admitted Cases Cited: R v Afu; R v Caleo [2017] NSWSC 1780 Category: Procedural and other rulings Parties: Regina Alani Afu Mark Richard Caleo Representation: Counsel: Ms M Cunneen SC (Crown) Mr R Wilson (Afu) Mr G Brady SC with Ms R Khalilizadeh (Caleo)

Solicitors: Solicitor for Public Prosecutions Katsoolis & Co William O'Brien & Ross Hudson Solicitors File Number(s): 2014/321700; 2015/34389

Judgment 1. HIS HONOUR: This judgment is a revised version of one given ex tempore and assumes familiarity with the issues in the trial. 2. An overview of the Crown case (pre-trial) is to be found in R v Afu; R v Caleo [2017] NSWSC 1780.