District Court
New South Wales
- Amendment notes
Medium Neutral Citation: R v Kaddour [2019] NSWDC 243 Hearing dates: 26 March 2019 Date of orders: 10 May 2019 Decision date: 10 May 2019 Jurisdiction: Criminal Before: Bright DCJ Decision: The evidence of the events at Bingara in 2015 is admissible as tendency evidence in relation to counts 1 – 5 for the purpose identified at [86].
The evidence of the events at Bingara in 2015 is admissible as coincidence evidence in relation to counts 4 and 5.Catchwords: Tendency evidence – temporal gap - relied upon to establish identity – coincidence evidence- alternative hypothesis – significant probative value. Legislation Cited: Evidence Act 1995 Cases Cited: BC v R [2015] NSWCCA 327
CW v The Queen (2010) VSCA 288
El-Haddad v The Queen (2015) 88 NSWLR 93;
Hughes v The Queen [2017] HCA 20
IMM v The Queen [2016] HCA 14; 257 CLR 300
NS v R [2012] NSWCCA 9
Page v The Queen [2015] VSCA 357
R v Duckworth [2012] NSWCCA 174
R v Ford (2009) 201 A Crim R 451
R v Gale; R v Duckworth [2012] NSWCCA 174
R v LN; R v AW (No. 1) [2017] NSWSC 119
R v RN [2005] NSWCCA 413
Selby v R [2017] NSWCCA 40Category: Procedural and other rulings Parties: Regina (Crown)
Ahmed KADDOUR (Accused)Representation: Counsel:
Solicitors:
Mr Peter Lange of counsel for the Accused
Mr G Whitaker for the Crown
Lange Law for the accused
File Number(s): 2015/371832 Publication restriction: Nil
Judgment
Admissibility of tendency and coincidence evidence
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On 26 March 2019 Ahmad Kaddour (the accused) appeared before Gosford District Court for trial.
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A judge alone election had been filed. The Crown consented to the matter proceeding judge alone. I was satisfied that the accused had sought and received legal advice in relation to the effect of a judge alone order and, in those circumstances, the matter proceeded as a judge alone trial.
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The accused was arraigned on the following indictment:
Count 1
Between the 14th day of December 2010 and the 13th day of December 2011, in Berkeley Vale in the State of New South Wales, produced a prohibited drug, namely, 4-bromo-2,5-dimethoxyphenethylamine, in an amount of 24.868 kilograms, which was not less than the large commercial quantity applicable to that prohibited drug.
Count 2
On the 13th day of December 2011, in Berkeley Vale in the State of New South Wales, supplied a prohibited drug, namely, 4-bromo-2,5-dimethoxyphenethylamine, in an amount of 24.868 kilograms, being an amount which was not less than the large commercial quantity applicable to that prohibited drug.
Count 3
On the 13th day of December 2011, in Berkeley Vale in the State of New South Wales, supplied a prohibited drug, namely, methylamphetamine, in an amount of 2.8463 kilograms, being an amount which was not less than the large commercial quantity applicable to that prohibited drug.
Count 4
Between 14th day of December 2010 and the 13th day of December 2011, at Berkeley Vale in…
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- AGLC
- R v Kaddour [2019] NSWDC 243
- Case
- [2019] NSWDC 243
- Decision Date
CaseChat Overview and Summary
The central legal issue revolved around the admissibility of the past events at Bingara in 2015. The prosecution argued that this evidence had significant probative value in establishing the defendant's tendency and identity. They also claimed that the evidence could be used as coincidence evidence for counts 4 and 5. The defence contested the admissibility, arguing that the temporal gap between the past events and the current charges undermined the relevance and probative value of the evidence.
The court considered the nature of the evidence and its potential to establish a connection between the past events and the current charges. It was noted that while there was a temporal gap, the coincidence evidence could still be relevant in establishing the defendant's identity and tendency. The court found that the evidence of the events at Bingara in 2015 had significant probative value and was therefore admissible as tendency evidence for counts 1 through 5, and as coincidence evidence for counts 4 and 5.
The court ordered that the evidence of the events at Bingara in 2015 be admitted as tendency evidence in relation to counts 1 through 5 for the purpose identified, and as coincidence evidence in relation to counts 4 and 5. This ruling allowed the prosecution to use the past incidents to support their case against the defendant.
Orders
Orders of the court
The evidence of the events at Bingara in 2015 is admissible as tendency evidence in relation to counts 1 – 5 for the purpose identified at [86].
The evidence of the events at Bingara in 2015 is admissible as coincidence evidence in relation to counts 4 and 5.
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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