R v Tabbah; R v Tiriaki (No 4)

The appellants, Tabbah and Tiriaki, were convicted of charges arising from a violent home invasion. The prosecution relied significantly on CCTV footage from inside the victim's home. The footage depicted the violent entry and the attack on the victim. The appeal focused on the admissibility of this footage, questioning whether its probative value outweighed the risk of unfair prejudice to the appellants under section 137 of the Evidence Act 1995.

The court was tasked with determining whether the probative value of the CCTV footage outweighed the danger of unfair prejudice to the appellants. This required an assessment of the content of the footage, its relevance to the charges, and the potential impact on the jury's impartiality. The court also considered whether the prosecution had taken appropriate steps to mitigate any prejudicial effects.

The High Court held that the probative value of the CCTV footage did indeed outweigh the danger of unfair prejudice. The footage was deemed highly relevant to the charges against the appellants and provided crucial evidence of their actions during the home invasion. The court found that the prosecution had adequately managed the potential for prejudice by ensuring the footage was shown in a manner that minimised its inflammatory impact. Consequently, the decision to admit the footage was upheld, and the convictions were affirmed.