Regina v Abdul Darwiche [2006] NSWSC 922

Regina v Abdul Darwiche [2006] NSWSC 922

Evidence of the accused's involvement in the Bankstown offence is inadmissible in the trial for the Condell Park offence as neither relationship nor tendency evidence, as it does not have significant probative value and its prejudicial effect would outweigh any probative worth. Leave to substitute an indictment joining both offences is refused; leave is granted to add an alternative count of discharging a loaded firearm with intent to do grievous bodily harm to Farouk Razzak in the Condell Park charge.

Jurisdiction
Australia
Judgment Date
14 February 2006
Procedural Posture
Criminal / Application for Leave to Substitute Indictment; Joinder Application
Outcome
Leave granted to Crown to substitute an indictment adding an alternative count for the Condell Park offence; leave refused for joinder of Bankstown offence.
Legal Topics
['joinder of Counts' 'admissibility of Evidence' 'tendency Evidence' 'relationship Evidence' 'substitution of Indictment']
['criminal Law'] ['joinder of Counts' 'admissibility of Evidence' 'tendency Evidence' 'relationship Evidence' 'substitution of Indictment']

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Procedural Posture

Criminal / Application for Leave to Substitute Indictment; Joinder Application

Legal Issues

  1. 1 ['Whether leave should be granted to the Crown to substitute an indictment joining the charges relating to the Bankstown and Condell Park offences and adding an alternative count in respect of the Condell Park offence' 'Admissibility of evidence of the Bankstown offence as relationship or tendency evidence in the trial for the Condell Park offence']

Ratio Decidendi

Evidence of the accused's involvement in the Bankstown offence is inadmissible in the trial for the Condell Park offence as neither relationship nor tendency evidence, as it does not have significant probative value and its prejudicial effect would outweigh any probative worth. Leave to substitute an indictment joining both offences is refused; leave is granted to add an alternative count of discharging a loaded firearm with intent to do grievous bodily harm to Farouk Razzak in the Condell Park charge.

Court Disposition

Leave granted to Crown to substitute an indictment adding an alternative count for the Condell Park offence; leave refused for joinder of Bankstown offence.

Orders

  • ['Leave is granted to the Crown to substitute an indictment charging the accused in the alternative with a count of discharging a loaded firearm with intent to do grievous bodily harm to Farouk Razzak on 27 August 2003 at Condell Park.']