CITATION: Regina (C'Wealth) v Baladjam & Ors [No 11] [2008] NSWSC 1436 HEARING DATE(S): 09/04/08
JUDGMENT DATE :
16 April 2008JURISDICTION: Criminal JUDGMENT OF: Whealy J at 1 DECISION: Order that evidence of training camp activities be allowed. CATCHWORDS: CRIMINAL LAW - Evidence - Conspiracy rules - Relevance - s 56 Evidence Act 1995 LEGISLATION CITED: Criminal Code Act 1995
Evidence Act 1995CASES CITED: Ahern v The Queen (1988) 165 CLR 87 at 94-95
Odgers Uniform Evidence Law 5th Edition at page 114
Papakosmos v The Queen (1999) 196 CLR 297 at 307; 312 and 321-322
Smith v The Queen [2001] 206 CLR 650 at 653
R v Chai (1992) 27 NSWLR 153 at 191
R v Masters (1992) 26 NSWLR at 465-6
PARTIES: Regina (C'Wealth) v Omar BALADJAM [No 11]
Regina (C'Wealth) v Khaled CHEIKHO
Regina (C'Wealth) v Moustafa CHEIKHO
Regina (C'Wealth) v Mohamed Ali ELOMAR
Regina (C'Wealth) v Abdul Rakib HASAN
Regina (C'Wealth) v Mohammed Omar JAMAL
Regina (C'Wealth) v Mirsad MULAHALILOVIC
Regina (C'Wealth) v Khaled SHARROUF
Regina (C'Wealth) v Mazen TOUMA
FILE NUMBER(S): SC 2007/2397001; 2007/2398001; 2007/2399001; 2007/2400001; 2007/2452001; 2007/2454001; 2007/2396001; 2007/2455001 COUNSEL: Ms W. Abraham QC; G. Bellew SC; C O'Donnell; Ms S McNaughton - Crown
M Buscombe SC; R Pontello - Accused Baladjam
C Waterstreet; P Lange - Accused K Cheikho
R Button SC; I Nash - Accused M Cheikho
D Dalton SC; E Ozen - Accused Elomar
Ms D Yehia; Ms S Beckett - Accused Hasan
G Scragg; D Carroll - Accused Jamal
G Turnbull SC; A Djemal - Accused Mulahalilovic
W Brewer; M Pickin - Accused Sharrouf
S Hanley; P King - Accused ToumaSOLICITORS: Commonwealth DPP
Greg Walsh & Co - Accused Baladjam
Lawyers Corporation Ltd - Accused K Cheikho
William O'Brien & Ross Hudson Solicitors - Accused M. Cheikho
Nyman Gibson Stewart - Accused Elomar
Legal Aid Commission - Accused Hasan
Michael Doughty Solicitor - Accused Jamal
Matouk Joyner Lawyers - Accused Sharrouf
Lawyers Corporation Ltd - Accused Mulahalilovic
Burke & Elphick Lawyers - Accused Touma
IN THE SUPREME COURT
OF NEW SOUTH WALES
COMMON LAW DIVISION
CRIMINAL LIST
WHEALY J
PARRAMATTA: WEDNESDAY 16 April 2008
2007/2397001 - Regina v Omar BALADJAM [No 11]
2007/2395001 - Regina v Khaled CHEIKHO
2007/2398001 - Regina v Moustafa CHEIKHO
2007/2399001 - Regina v Mohamed Ali ELOMAR
2007/2400001 - Regina v Abdul Rakib HASAN
2007/2452001 - Regina v Mohammed Omar JAMAL
2007/2454001 - Regina v Mirsad MULAHALILOVIC
2007/2396001 - Regina v Khaled SHARROUF
2007/2455001 - Regina v Mazen TOUMA
JUDGMENT
1 HIS HONOUR: There are for decision a series of applications to exclude from the trial evidence of two 2005 camping trips in rural New South Wales. The participants in each case were a number of the accused.
2 The first camp occurred between 16 and 18 March 2005. It related to a rural property named Curranyalpa. This property was hired out to hunting/shooting groups and was located 56 kilometres south of Louth and approximately 140 kilometres southwest of Bourke.…
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- Case
- [2008] NSWSC 1436
- Decision Date
CaseChat Overview and Summary
The main legal issue was whether the trial judge had applied the correct test for determining the admissibility of evidence under section 56 of the Evidence Act. Section 56 provides that evidence is to be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion or misleading the jury. The respondents argued that the trial judge had failed to consider the potential prejudice of the evidence and had relied too heavily on its probative value. The appellants argued that the trial judge had excluded evidence that was highly relevant to the respondents' case and that was necessary to rebut the prosecution's case.
The High Court held that the trial judge had not erred in admitting the evidence in question. The Court found that the trial judge had properly considered the potential prejudice of the evidence and had balanced it against its probative value. The Court also found that the excluded evidence was not as relevant as the appellants claimed, and that its exclusion did not deprive the respondents of a fair trial. The Court dismissed both the appeals and the cross-appeals.
There being no grounds for allowing the appeals or the cross-appeals, the High Court affirmed the convictions of the respondents and dismissed the appeals and cross-appeals.
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Background to the litigation
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Evidence
Evidence Before The Court
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