R v Barakat (No 6) [2016] NSWSC 1373

R v Barakat (No 6) [2016] NSWSC 1373

Although the receipt of the MMS file shortly after the shooting was highly suspicious, the evidence at its highest showed only that an unknown person thought the accused might be interested in the news item. Because there was no evidence identifying the sender, no evidence that the accused opened or viewed the file, no search by the accused, and no response by the accused, the evidence could not rationally affect the assessment of whether the accused was the shooter or driver and was therefore not relevant or admissible.

Jurisdiction
Australia
Judgment Date
26 September 2016
Procedural Posture
Criminal Proceeding for Murder / Pre Trial Evidentiary Ruling on Accused's Objection to Crown Evidence
Outcome
Evidence of the MMS file received by the accused on 12 July 2013 is inadmissible.
Legal Topics
['relevance' 'admissibility of Evidence' 'mms File' 'shooting Murder']
['criminal Law' 'evidence'] ['relevance' 'admissibility of Evidence' 'mms File' 'shooting Murder']

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Procedural Posture

Criminal Proceeding for Murder / Pre Trial Evidentiary Ruling on Accused's Objection to Crown Evidence

Legal Issues

  1. 1 ["Whether evidence that an MMS file containing a news bulletin about a shooting was received on the accused's mobile telephone shortly after the shooting was relevant and admissible." 'Whether the MMS file could rationally affect the assessment of the probability that the accused was either the shooter or the driver of the vehicle used in Thorpe Place, Abbotsbury on 12 July 2013.']

Ratio Decidendi

Although the receipt of the MMS file shortly after the shooting was highly suspicious, the evidence at its highest showed only that an unknown person thought the accused might be interested in the news item. Because there was no evidence identifying the sender, no evidence that the accused opened or viewed the file, no search by the accused, and no response by the accused, the evidence could not rationally affect the assessment of whether the accused was the shooter or driver and was therefore not relevant or admissible.

Court Disposition

Evidence of the MMS file received by the accused on 12 July 2013 is inadmissible.

Orders

  • ['Evidence of the MMS file received by the accused on 12 July 2013 is inadmissible.']