R v Barakat (No 7) [2016] NSWSC 1360

R v Barakat (No 7) [2016] NSWSC 1360

The evidence was inadmissible because, in its current form, the telephone records did not support the Crown case that the accused could have been in the black Range Rover observed by Ms Ahmad at 12:30am-1am during the relevant four to six week period, the only potentially linking date of 24 June 2013 was inconsistent with the required timing and suggested movement through or away from the area, and the Telstra cell tower evidence was incomplete in important respects that would require jury speculation.

Jurisdiction
Australia
Judgment Date
26 September 2016
Procedural Posture
Criminal Prosecution for Murder / Voir Dire Ruling on the Accused's Objection/application to Exclude Evidence Before the Jury
Outcome
The accused's application to exclude the evidence was upheld.
Legal Topics
['murder' 'relevance' 'cell Tower Evidence' 'telephone Records' 'voir Dire' 'circumstantial Evidence']
['criminal Law' 'evidence'] ['murder' 'relevance' 'cell Tower Evidence' 'telephone Records' 'voir Dire' 'circumstantial Evidence']

Case Brief

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Procedural Posture

Criminal Prosecution for Murder / Voir Dire Ruling on the Accused's Objection/application to Exclude Evidence Before the Jury

Legal Issues

  1. 1 ["Whether the evidence of Ms Ahmad and the accused's telephone records was capable of establishing that the accused was conducting surveillance in his Range Rover near the deceased's home before the shooting." 'Whether the evidence was relevant within the meaning of s 55(1) of the Evidence Act 1995 (NSW).' "Whether incomplete cell tower evidence could be admitted to support an inference about the accused's location."]

Ratio Decidendi

The evidence was inadmissible because, in its current form, the telephone records did not support the Crown case that the accused could have been in the black Range Rover observed by Ms Ahmad at 12:30am-1am during the relevant four to six week period, the only potentially linking date of 24 June 2013 was inconsistent with the required timing and suggested movement through or away from the area, and the Telstra cell tower evidence was incomplete in important respects that would require jury speculation.

Court Disposition

The accused's application to exclude the evidence was upheld.

Orders

  • ["The accused's application to have the evidence of Ms Ahmad and the telephone records excluded is upheld."]