Supreme Court
New South Wales
Medium Neutral Citation: R v Gatt (No 7) [2018] NSWSC 488 Hearing dates: 10 April 2018 Date of orders: 12 April 2018 Decision date: 30 April 2018 Jurisdiction: Common Law - Criminal Before: Schmidt J Decision: The disputed evidence is relevant and should not be excluded under s 137 of the Evidence Act 1995 (NSW).
Catchwords: CRIMINAL LAW – practice and procedure – disputed evidence concerning a shooting – whether evidence is relevant – whether it should be excluded under s 137 of the Evidence Act 1995 (NSW) - whether the probative value of the disputed evidence is outweighed by the danger of unfair prejudice to the accused – evidence relevant and should not be excluded Legislation Cited: Evidence Act 1995 (NSW), s 55, s 65, s 137 Cases Cited: Bayley v R (2016) 260 A Crim R 1; [2016] VSCA 160
CA v R [2017] NSWCCA 324
Evans v The Queen (2007) 235 CLR 521; [2007] HCA 59
Mutual Life Insurance Co of New York v Moss (1906) 4 CLR 311; [1906] HCA 70
Papakosmas v The Queen (1999) 196 CLR 297; [1999] HCA 37
Plomp v The Queen (1963) 110 CLR 234; [1963] HCA 44
R v Knight [2005] NSWCCA 241
IMM v The Queen (2016) 257 CLR 300; [2016] HCA 14
R v Shamouil (2006) 66 NSWLR 228; [2006] NSWCCA 112
R v XY (2013) 84 NSWLR 363; [2013] NSWCCA 121
The Queen v Baden-Clay (2016) 258 CLR 308; [2016] HCA 35
The Queen v Hillier (2007) 228 CLR 618; [2007] HCA 13Category: Procedural and other rulings Parties: Regina (Crown)
Joseph Gatt (Accused)Representation: Counsel:
Solicitors:
Mr A Robertson (Crown)
Mr P Boulten SC (Accused)
Solicitor for Public Prosecutions (Crown)
The Law Practice (Accused)
File Number(s): 2014/186944 Publication restriction: Nil
Judgment
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During the trial, I concluded that disputed evidence concerning a shooting was relevant and should not be excluded under s 137 of the Evidence Act1995 (NSW). These are the reasons.
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The Crown’s case is that it was the accused who shot Bassil Hijazi on 29 July 2013 at Bexley, and in the alternative, that he was then involved with George Borg, who later pleaded guilty to his involvement in the murder, in a joint criminal enterprise. Mr Borg has been sentenced for his part in the murder, receiving a combined discount for his plea and both past and future assistance. There are thus issues as to Mr Borg’s evidence about which the jury will be given warnings in accordance with s 65 of the Evidence Act 1995 (NSW).
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There were two other shootings. The first occurred at Lakemba, some weeks before the murder. The date is in issue. Then shots were fired at a van in which Mr Gatt was sitting with his then girlfriend, Ms Sawaya, which missed both Mr Gatt and Ms Sawaya, but struck the van near the fuel tank. Forensic examination of the van later led to…
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- AGLC
- R v Gatt (No 7) [2018] NSWSC 488
- Case
- [2018] NSWSC 488
- Decision Date
CaseChat Overview and Summary
The central legal issue the court had to address was the relevance and admissibility of the contested evidence under the Evidence Act 1995 (NSW). The court needed to determine whether the evidence was relevant to any fact in issue and whether its probative value was outweighed by the risk of unfair prejudice to the accused, as per section 137 of the Act. The court carefully examined the nature of the evidence and its potential impact on the fairness of the trial.
The Supreme Court held that the contested evidence was indeed relevant to the issues in the case. The court found that the probative value of the evidence was not outweighed by the danger of unfair prejudice to the accused. Consequently, the evidence was deemed admissible. The court emphasised the importance of ensuring that the trial was conducted fairly while also considering the relevance of the evidence to the case.
The court's decision resulted in the contested evidence being admitted. The trial proceeded with this evidence, allowing the jury to consider it in their deliberations. The final orders of the court were to allow the contested evidence to be presented to the jury, ensuring that the trial could proceed with all relevant evidence considered.
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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