R v Popovic; R v Koloamatangi (No 5) [2017] NSWSC 1200

R v Popovic; R v Koloamatangi (No 5) [2017] NSWSC 1200

The Taylor evidence was relevant to motive and hostility involving Popovic and the deceased, and was not hearsay, but the danger of unfair prejudice from the reference to speaking to police warranted limiting the evidence to the "dog" reference. The telephone call evidence was conceded to be relevant, was not inconsistent with the Court of Criminal Appeal decision, and any risk of impermissible speculation about Daki Bubanja could be addressed by direction, so it was not excluded under s 137.

Jurisdiction
Australia
Judgment Date
07 September 2017
Procedural Posture
Criminal Murder Trial Evidentiary Ruling / Rulings During Jury Trial on Objections to Crown Evidence
Outcome
Evidence admitted in part: Taylor evidence admitted except for the words to the effect that the deceased was "speaking to police"; telephone call evidence between Popovic and Daki Bubanja on 7 and 8 September 2007 admitted.
Legal Topics
['murder' 'relevance' 'hearsay' 'unfair Prejudice' 'telephone Evidence' 'motive Evidence']
['criminal Law' 'evidence'] ['murder' 'relevance' 'hearsay' 'unfair Prejudice' 'telephone Evidence' 'motive Evidence']

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Procedural Posture

Criminal Murder Trial Evidentiary Ruling / Rulings During Jury Trial on Objections to Crown Evidence

Legal Issues

  1. 1 ['Whether evidence from Peter Taylor about Daki Bubanja referring to the deceased as a "dog" and saying he was speaking to police in the presence of the accused was relevant and admissible, or should be excluded under s 137 of the Evidence Act 1995 (NSW).' 'Whether evidence of telephone calls between Zlatan Popovic and Daki Bubanja on 7 and 8 September 2007 was admissible, or should be excluded under s 137 of the Evidence Act 1995 (NSW) because of alleged inconsistency with the Court of Criminal Appeal decision acquitting Daki Bubanja.']

Ratio Decidendi

The Taylor evidence was relevant to motive and hostility involving Popovic and the deceased, and was not hearsay, but the danger of unfair prejudice from the reference to speaking to police warranted limiting the evidence to the "dog" reference. The telephone call evidence was conceded to be relevant, was not inconsistent with the Court of Criminal Appeal decision, and any risk of impermissible speculation about Daki Bubanja could be addressed by direction, so it was not excluded under s 137.

Court Disposition

Evidence admitted in part: Taylor evidence admitted except for the words to the effect that the deceased was "speaking to police"; telephone call evidence between Popovic and Daki Bubanja on 7 and 8 September 2007 admitted.

Orders

  • ['The evidence of Peter Taylor as to what he heard Daki Bubanja say about the deceased in the presence of the accused is admissible, save for the words to the effect that the deceased was "speaking to police".' 'The evidence of telephone calls between the accused Popovic and Daki Bubanja on 7 and 8 September 2007 is...