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Sood [2007] NSWCCA 214

Facts: The prosecution (Pr) alleges defendant (D) (Dr Sood) has been defrauding the public health system (charged patients, as well as, claiming Medicare). Pr wanted to adduce (1) evidence of her financial account books found in the waste bin and (2) evidence of $160,000 cash unaccounted for found in her house. At voir dire, D denied the allegations & came up with a possible explanation (she didn’t disclose it because she was concerned re possibly being investigated for tax evasion). The trial judge (TJ) excluded it under s 137 Evidence Act because of this alternate account.

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