CITATION: Regina (C'Wealth) v Baladjam & Ors [No 27] [2008] NSWSC 1448 HEARING DATE(S): 11/06/08
JUDGMENT DATE :
24 June 2008JURISDICTION: Criminal JUDGMENT OF: Whealy J at 1 DECISION: Order that the evidence of the burning Musso FDT 113 on 10 November 2005 be excluded from the trial. CATCHWORDS: CRIMINAL LAW - Application to exclude evidence of burning of motor vehicle - Evidence of consciousness of guilt - Aspects of revelance under s 55 of Evidence Act 1995 - Principles relating to exclusion of evidence under ss 135 and 137 of Evidence Act 1995 LEGISLATION CITED: Evidence Act 1995 CASES CITED: Edwards v The Queen (1993) 178 CLR 193 at 210
Quinlan v Regina [2006] NSWCCA 284; [2006] 164 A Crim A 106
R v Chang 140 A Crim R 573 per Or miston J at (47)
R v Coolie [2005] 91SASR at (120)-(129)
R v Cook [2004] NSWCCA 52 at (22)-(25)
R v Dupas [2001] VSCA 109 at 26
R v Loader [2004] 89 SASR 204 at (10)-(48)
R v Louden (1995) 37 NSWLR 683PARTIES: Regina (C'Wealth) v Omar BALADJAM [No 27]
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: W Abraham QC; G. Bellew SC; C. 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; - 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: Tuesday 24 June 2008
2007/2397001 - Regina v Omar BALADJAM [No 27]
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 - Application to exclude evidence of burning of motor vehicle - Consciousness of guilt? - Relevance under s 55 of the Evidence Act 1995, exclusion under ss 135 and 137…
Keep reading for free
Create a free CaseChat account to read Regina (C'Wealth) v Baladjam [No 27] and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2008] NSWSC 1448
- Decision Date
CaseChat Overview and Summary
The court had to decide whether the evidence of the burning of the motor vehicle was relevant to any fact in issue or to any fact likely to be proved in the case. Additionally, the court needed to consider the principles that guide the exclusion of evidence under sections 135 and 137 of the Evidence Act 1995. These sections allow for the exclusion of evidence if its probative value is substantially outweighed by the danger of unfair prejudice, confusion, or misleading the jury. The court balanced these considerations to determine the admissibility of the evidence.
In examining the relevance of the evidence, the court found that the burning of the vehicle was indeed relevant to the issue of Baladjam's consciousness of guilt. However, the court also considered the potential for prejudice and confusion that the evidence might cause. After weighing the probative value against the potential for unfair prejudice, the court decided that the evidence should not be excluded. The court held that the probative value of the evidence was not substantially outweighed by the risk of unfair prejudice, and therefore, it should be admitted.
The final orders of the court were that the evidence of the burning of the motor vehicle would be admitted, as it was deemed relevant and not subject to exclusion under sections 135 and 137 of the Evidence Act 1995. This decision allowed the Crown to use the evidence in its case against Baladjam.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.