Supreme Court
New South Wales
Medium Neutral Citation: R v Al Batat & Ors (No 12) [2020] NSWSC 1129 Hearing dates: 20 and 24 August 2020 Date of orders: 26 August 2020 Decision date: 26 August 2020 Jurisdiction: Common Law Before: Hamill J Decision: (1) The tendency evidence in paragraph [42] of Ms Sellers’ Statement of 29 June 2017 is not admissible.
(2) The evidence of the text message sent to Bradley Pattenden on 8 February 2017 is not admissible.
(3) The Prosecution will not be permitted to conduct the case on the basis that Mr Bayliss had a tendency to exchange firearms for other items.
(4) The evidence in Question 929 of the electronically recorded interview of Mr Bayliss on 24 October 2017 is not admissible.
(5) The Prosecution will be permitted to conduct the case on the basis that Mr Bayliss had a tendency to possess firearms at the relevant time.
(6) The evidence of Constable Kate McGrath concerning Mr Bayliss’s possession of three firearms on 14 February 2017 is admissible, subject to appropriate editing.
(7) The evidence in the electronically recorded interview of Mr Bayliss dated 24 October 2017 concerning Mr Bayliss’s love of guns and his admissions that he possessed and accumulated firearms is admissible.
Catchwords: CRIMINAL LAW – evidence - “I love me guns” - tendency evidence - where accused charged with supplying firearms - whether evidence of a love of guns has significant probative value as tendency evidence - possession of three firearms two weeks after alleged offences - evidence admissible
CRIMINAL LAW - evidence – “cute miniature cowboy gun” - tendency evidence - where informant witness to substantive events also gives tendency evidence - assessment of probative value - evidence not admissible
CRIMINAL LAW - evidence - tendency evidence - single text messages proposing trade of guns for debt or drugs - probative value - potential prejudice - evidence not admissible
Legislation Cited: Evidence Act 1995 (NSW), ss 97 and 101
Criminal Procedure Act 1986 (NSW), s 143
Cases Cited: BRC v R [2020] NSWCCA 176
Hughes v The Queen (2017) 263 CLR 338; [2017] HCA 20
R v Davidson (No 1) [2019] NSWSC 980IMM v The Queen (2016) 257 CLR 300; [2016] HCA 14
McPhillamy v The Queen [2018] HCA 52; 92 ALJR 1045
R v Al Batat & Ors (No 1) [2020] NSWSC 967
R v Al Batat & Ors (No 3) [2020] NSWSC 1061
Vagg v R [2020] NSWCCA 134
Category: Procedural and other rulings Parties: Regina
Abdallah Hassan Al Batat
Ying Cheng Luo
Ian Fan
Jaiyu Liu
Jacob Blake Bayliss
Nai An LiRepresentation: Counsel:
Solicitors:
P Hogan (Crown)
B Rigg SC (Al Batat)
R Webb (Luo)
T Quilter (Fan)
N Carroll (Liu)
A Norrie (Bayliss)
D Carroll (Li)
Solicitor for the NSW DPP (Crown)
TS Law Firm (Al Batat)
Voros Lawyers (Luo)
Zahr & Partners (Fan)
George Sten & Co (Liu)
Ross Hill Lawyers (Bayliss)
Younes & Espiner (Li)
File Number(s): 2018/242293; 2018/214586 (Al…
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- Case
- [2020] NSWSC 1129
- Decision Date
CaseChat Overview and Summary
The legal issues revolved around the admissibility of the evidence under the common law principles governing tendency evidence. The court had to assess whether the evidence of the accused’s love for guns, his possession of firearms shortly after the alleged offences, and the text messages proposing trades involving guns had significant probative value. The court also had to consider whether the probative value of these pieces of evidence outweighed any potential prejudice they might cause to the accused.
The court concluded that the evidence of the accused's love for guns and his possession of firearms two weeks after the alleged offences had significant probative value, and therefore, it was admissible. However, the court ruled that the evidence of a "cute miniature cowboy gun" and the single text messages proposing trades involving guns did not have sufficient probative value to outweigh the potential prejudice, and thus were not admissible. The court carefully weighed the probative value of each piece of evidence against the risk of unfair prejudice to the accused, applying the principles established in relevant case law.
The final orders of the court were that certain pieces of evidence were admissible as tendency evidence, while others were excluded due to their lack of sufficient probative value. The court's decision clarified the threshold for admissibility of tendency evidence in cases involving firearms offences and provided guidance on the assessment of probative value and potential prejudice.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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