Regina v Raad Fajloun [2007] NSWDC 362

Regina v Raad Fajloun [2007] NSWDC 362

The evidence is admissible under s 66 of the Evidence Act 1995 because it was fresh in the memory of the complainant, relevant to an issue in the trial, and aligns with principles stated in Papakosmas v The Queen.

Parties
Crown: Regina; Accused: Raad Fajloun
Jurisdiction
Australia
Judgment Date
07 November 2007
Procedural Posture
Criminal / Trial Voir Dire Ruling on Admissibility of Evidence
Outcome
Objection overruled. Evidence allowed.
Legal Topics
Objection to Evidence, Hearsay Rule, Relevance, Complaint Evidence
Criminal Law Evidence Objection to Evidence Hearsay Rule Relevance Complaint Evidence

Case Brief

Summary, issues, holding and outcome

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Parties

Regina

Crown

Raad Fajloun

Accused

Procedural Posture

Criminal / Trial Voir Dire Ruling on Admissibility of Evidence

Legal Issues

  1. 1 Whether the complainant's out-of-court allegation to police is admissible given hearsay and relevance objections

Ratio Decidendi

The evidence is admissible under s 66 of the Evidence Act 1995 because it was fresh in the memory of the complainant, relevant to an issue in the trial, and aligns with principles stated in Papakosmas v The Queen.

Court Disposition

Objection overruled. Evidence allowed.

Orders

  • Objection overruled
  • Evidence of complaint to police allowed