R v Hawat (No 4) [2019] NSWSC 1726
The answers in the accused's ERISP are relevant as they may rationally affect the assessment of whether he lied about the van, and their probative value is not outweighed by the danger of unfair prejudice. They are therefore admissible.
- Parties
- Crown: Regina; Accused: Osama Hawat
- Jurisdiction
- Australia
- Judgment Date
- 09 December 2019
- Procedural Posture
- Criminal / Admissibility Ruling During Trial
- Outcome
- Application to exclude evidence dismissed; answers 274-5, 277, and 286 of the ERISP are admissible.
- Legal Topics
- Murder, Joint Criminal Enterprise, Accessory Before the Fact, Admissibility of Evidence, Electronically Recorded Interview of a Suspected Person (erisp), Unfair Prejudice, Consciousness of Guilt
Case Brief
Summary, issues, holding and outcome
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Parties
Regina
Crown
Osama Hawat
Accused
Procedural Posture
Criminal / Admissibility Ruling During Trial
Legal Issues
- 1 Whether answers 274-5, 277, and 286 of the accused's ERISP are admissible
- 2 Whether the probative value of the impugned answers is outweighed by the danger of unfair prejudice under s 137 of the Evidence Act 1995 (NSW)
Ratio Decidendi
The answers in the accused's ERISP are relevant as they may rationally affect the assessment of whether he lied about the van, and their probative value is not outweighed by the danger of unfair prejudice. They are therefore admissible.
Court Disposition
Application to exclude evidence dismissed; answers 274-5, 277, and 286 of the ERISP are admissible.
Orders
- Questions and answers 274-5, 277 and 286 of the accused's ERISP on 29 June 2017 are admissible.
Full Case Text
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