Regina v Mikel Fajloun; Regina v Raad Fajloun [2007] NSWDC 381

Regina v Mikel Fajloun; Regina v Raad Fajloun [2007] NSWDC 381

The evidence of prior violence and the photographs were admissible because, in the context of allegations of serious violence by a husband against his wife of almost twenty years, the material had significant probative value in showing escalating violence and was relevant to motive, forced entry, and timing. The danger of unfair prejudice did not outweigh, and did not substantially outweigh, that probative value, particularly because the evidence was not tendered as tendency evidence and any risk of the jury treating it that way could be addressed by submissions and judicial directions. Two passages containing sexualised insults or accusations were excluded because they lacked the same...

Jurisdiction
Australia
Judgment Date
05 November 2007
Procedural Posture
Criminal Proceeding / Voir Dire Ruling on Objection to Admissibility of Evidence
Outcome
The evidence is admitted subject to the exceptions noted in the judgment.
Legal Topics
['admissibility of Evidence' 'relevance' 'previous Acts of Domestic Violence' 'unfair Prejudice' 'probative Value']
['criminal Law' 'evidence'] ['admissibility of Evidence' 'relevance' 'previous Acts of Domestic Violence' 'unfair Prejudice' 'probative Value']

Case Brief

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Procedural Posture

Criminal Proceeding / Voir Dire Ruling on Objection to Admissibility of Evidence

Legal Issues

  1. 1 ["Whether evidence in the complainant's statements concerning previous acts of violence and words said by Raad Fajloun was relevant and admissible." 'Whether photographs of the complainant taken before the alleged events were relevant and admissible.' 'Whether the probative value of the evidence was outweighed, or substantially outweighed, by the danger of unfair prejudice under ss 135 and 137 of the Evidence Act 1995.']

Ratio Decidendi

The evidence of prior violence and the photographs were admissible because, in the context of allegations of serious violence by a husband against his wife of almost twenty years, the material had significant probative value in showing escalating violence and was relevant to motive, forced entry, and timing. The danger of unfair prejudice did not outweigh, and did not substantially outweigh, that probative value, particularly because the evidence was not tendered as tendency evidence and any risk of the jury treating it that way could be addressed by submissions and judicial directions. Two passages containing sexualised insults or accusations were excluded because they lacked the same...

Court Disposition

The evidence is admitted subject to the exceptions noted in the judgment.

Orders

  • ['Exhibit VD-A is admitted except for the words in paragraph 7 of the first statement dated 11 November 2005: "and he called me a slut".' 'Exhibit VD-A is admitted except for the words in paragraph 7 of the first statement dated 11 November 2005: "He said, \'Why you rent a unit for men to come and go and pay you,...