Regina v Amir Ibrahim El Mostafa [2007] NSWDC 327

Regina v Amir Ibrahim El Mostafa [2007] NSWDC 327

The probative value of the evidence regarding the accused's presence at the polling booth and related photographic evidence is not substantially outweighed by the danger of unfair prejudice under ss135 or 137 of the Evidence Act 1995; the evidence is therefore admissible.

Jurisdiction
Australia
Judgment Date
17 April 2007
Procedural Posture
Criminal / Ruling on Admissibility of Evidence
Outcome
Application to exclude evidence refused; evidence is admissible.
Legal Topics
['admissibility of Evidence' 'probative Value' 'unfair Prejudice']
['criminal Law' 'evidence'] ['admissibility of Evidence' 'probative Value' 'unfair Prejudice']

Case Brief

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Procedural Posture

Criminal / Ruling on Admissibility of Evidence

Legal Issues

  1. 1 ['Whether evidence of the polling booth demonstration should be excluded due to lack of probative value or unfair prejudice under ss135 and 137 of the Evidence Act 1995']

Ratio Decidendi

The probative value of the evidence regarding the accused's presence at the polling booth and related photographic evidence is not substantially outweighed by the danger of unfair prejudice under ss135 or 137 of the Evidence Act 1995; the evidence is therefore admissible.

Court Disposition

Application to exclude evidence refused; evidence is admissible.

Orders

  • ['Evidence of the polling booth demonstration, including statements and photographic evidence, is admissible.']