R v Tarantino (No 2) [2019] NSWSC 957

Supreme Court New South Wales

Medium Neutral Citation: R v Tarantino (No 2) [2019] NSWSC 957 Hearing dates: 25 July 2019 Date of orders: 25 July 2019 Decision date: 01 August 2019 Jurisdiction: Common Law - Criminal Before: Beech-Jones J Decision: Evidence of statement admitted. Evidence of assault rejected. Catchwords: EVIDENCE – evidence of alleged assault and threat – whether evidence goes towards a "consciousness of guilt" – whether evidence unfairly prejudicial Legislation Cited: Evidence Act 1995 Cases Cited: Edwards v The Queen (1993) 178 CLR 193 R v Cook [2004] NSWCCA 52 R v Heyde (1990) 20 NSWLR 234 R v Tarantino [2019] NSWSC 939 Category: Procedural and other rulings Parties: Regina (Crown) Vinzent Tarantino (Accused) Representation: Counsel: P Barrett; V Garrity (Crown) B Rigg SC; P Coady (Accused)

Solicitors: Office of the Department of Public Prosecutions (Crown) Watsons Solicitors (Accused) File Number(s): 2016/347591 Publication restriction: Not to be published prior to the conclusion of the proceedings at first instance

Judgment 1. On 25 July 2019, objection was taken by Senior Counsel for the accused, Ms Rigg SC, to the Crown Prosecutor adducing evidence of an assault and a threat allegedly committed by the accused a week after the disappearance of the deceased. At the conclusion of argument I indicated my ruling but stated that reasons would be provided later. This judgment constitutes those reasons.