R v Price; R v Rahim; R v Rizk; R v Taufahema (No 2) [2023] NSWSC 1660

R v Price; R v Rahim; R v Rizk; R v Taufahema (No 2) [2023] NSWSC 1660

The probative value of the bladed weapon and photograph is not substantially outweighed by any prejudice; the evidence is admissible against Rizk under s 135 of the Evidence Act 1995 (NSW).

Jurisdiction
Australia
Judgment Date
23 November 2023
Procedural Posture
Criminal / Pre Trial Evidentiary Ruling
Outcome
Evidence of the Pennant Hills bladed weapon and its still photograph is admissible against accused Rizk
Legal Topics
['admissibility of Evidence' 'bladed Weapon' 'prejudice' 'probative Value' 's 135 Evidence Act 1995 (nsw)']
['criminal Law' 'evidence Law'] ['admissibility of Evidence' 'bladed Weapon' 'prejudice' 'probative Value' 's 135 Evidence Act 1995 (nsw)']

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Procedural Posture

Criminal / Pre Trial Evidentiary Ruling

Legal Issues

  1. 1 ['Whether the Pennant Hills bladed weapon and its photograph are admissible against the accused Rizk under s 135 of the Evidence Act 1995 (NSW) over objection of co-accused Taufahema']

Ratio Decidendi

The probative value of the bladed weapon and photograph is not substantially outweighed by any prejudice; the evidence is admissible against Rizk under s 135 of the Evidence Act 1995 (NSW).

Court Disposition

Evidence of the Pennant Hills bladed weapon and its still photograph is admissible against accused Rizk

Orders

  • ['The Pennant Hills bladed weapon and still photograph of the Pennant Hills bladed weapon are admissible']