R v Tarantino (No 3) [2019] NSWSC 985

Supreme Court New South Wales

Medium Neutral Citation: R v Tarantino (No 3) [2019] NSWSC 985 Hearing dates: 29 July 2019 Date of orders: 29 July 2019 Decision date: 05 August 2019 Jurisdiction: Common Law Before: Beech-Jones J Decision: Evidence admitted Catchwords: EVIDENCE – statements of accused's cousin recounting conversation with accused – whether conversation is evidence of accused planning the alleged kidnapping or whether propensity evidence – evidence of conversation admitted Cases Cited: Gipp v The Queen (1998) 194 CLR 106 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of Public Prosecutions (Crown) Watsons Solicitors (Accused) File Number(s): 2016/347591 Publication restriction: Not to be published prior to the conclusion of the proceedings at first instance Decision under appeal Court or tribunal: District Court Jurisdiction: Criminal Date of Decision: 13 October 2017 Before: Wass DCJ File Number(s): 2016/66546, 2015/280031

Judgment 1. Senior Counsel for the accused, Ms Rigg SC, objected to the Crown adducing part of the evidence of Godwin Joseph White concerning two conversations he had with the accused, one prior to 27 July 1998 and one after. At the conclusion of argument on 29 July 2019 concerning the objection, I gave my ruling and advised that reasons would be provided at a later date. This judgment constitutes my reasons.