R v Gatt (No 7) [2018] NSWSC 488

R v Gatt (No 7) [2018] NSWSC 488

The Hudson Street shooting evidence was relevant because, when considered with the Crown's direct and circumstantial evidence, it could rationally affect the jury's assessment of whether Mr Gatt shot Bassil Hijazi or participated in a joint criminal enterprise to shoot him. The evidence had real probative value as part of the circumstances connecting Mr Gatt with the murder weapon, and the identified risk of unfair prejudice could be addressed by directions; its probative value was not outweighed by the danger of unfair prejudice under s 137.

Jurisdiction
Australia
Judgment Date
30 April 2018
Procedural Posture
Criminal Proceeding / Trial Evidentiary Ruling on Admissibility of Disputed Evidence Concerning a Shooting
Outcome
The disputed evidence is relevant and should not be excluded under s 137 of the Evidence Act 1995 (NSW).
Legal Topics
['relevance of Evidence' 'section 137 Unfair Prejudice' 'circumstantial Evidence' 'motive and Context Evidence' 'joint Criminal Enterprise']
['criminal Law' 'evidence'] ['relevance of Evidence' 'section 137 Unfair Prejudice' 'circumstantial Evidence' 'motive and Context Evidence' 'joint Criminal Enterprise']

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Procedural Posture

Criminal Proceeding / Trial Evidentiary Ruling on Admissibility of Disputed Evidence Concerning a Shooting

Legal Issues

  1. 1 ["Whether disputed evidence concerning the Hudson Street shooting was relevant to the Crown's circumstantial case." 'Whether the disputed evidence should be excluded under s 137 of the Evidence Act 1995 (NSW) because its probative value was outweighed by the danger of unfair prejudice to the accused.']

Ratio Decidendi

The Hudson Street shooting evidence was relevant because, when considered with the Crown's direct and circumstantial evidence, it could rationally affect the jury's assessment of whether Mr Gatt shot Bassil Hijazi or participated in a joint criminal enterprise to shoot him. The evidence had real probative value as part of the circumstances connecting Mr Gatt with the murder weapon, and the identified risk of unfair prejudice could be addressed by directions; its probative value was not outweighed by the danger of unfair prejudice under s 137.

Court Disposition

The disputed evidence is relevant and should not be excluded under s 137 of the Evidence Act 1995 (NSW).

Orders

  • ['The disputed evidence concerning the Hudson Street shooting is admissible.']