Adel Ebrahimi (a pseudonym)[1] v The Queen

The applicant, Adel Ebrahimi, sought leave to appeal an interlocutory decision of the County Court of Victoria, which was to admit evidence of conduct in respect of a separate charge of perverting the course of justice. The evidence was to be adduced as evidence of incriminating conduct in respect of seven other charges. The appeal was allowed, but the appeal against the interlocutory decision was dismissed. The applicant was charged with seven offences, including rape and assault, and an eighth offence of perverting the course of justice, which related to an offer made to the complainant to withdraw her allegations. The applicant sought to exclude the evidence of the eighth charge under s 137 of the Evidence Act 2008 (Vic). The judge found that the eighth charge conduct was reasonably capable of being viewed by a jury as incriminating conduct, and that its probative value was not outweighed by the danger of unfair prejudice. The Court found that the judge’s conclusion was open to her and followed a rational process. The evidence of the eighth charge conduct was therefore to be admitted.

The Court’s decision in this case provides guidance on the admissibility of evidence of separate offending under s 137 of the Evidence Act. The Court found that the probative value of the evidence was significant, and that the danger of unfair prejudice was not sufficient to exclude the evidence. The Court also found that the judge’s conclusion was open to her and followed a rational process. This case is therefore likely to be of assistance to practitioners in cases where evidence of separate offending is sought to be adduced under s 137 of the Evidence Act.