R v Chambour; R v Khallouf (No 1) [2016] NSWDC 244

R v Chambour; R v Khallouf (No 1) [2016] NSWDC 244

The proposed Granville evidence was not admissible because it did not establish that Chambour used a knife with co-offenders, the only substantial similarity with the charged allegations was use of a knife, and any probative value was not significant and was outweighed by the risk of impermissible prejudicial reasoning.

Jurisdiction
Australia
Judgment Date
26 September 2016
Procedural Posture
Criminal Proceedings; Application to Admit Tendency Evidence / Pre Trial Ruling
Outcome
Application to admit tendency evidence refused.
Legal Topics
['tendency Evidence' 'probative Value' 'prejudicial Effect' 'affray' 'reckless Wounding']
['criminal Law' 'evidence'] ['tendency Evidence' 'probative Value' 'prejudicial Effect' 'affray' 'reckless Wounding']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Proceedings; Application to Admit Tendency Evidence / Pre Trial Ruling

Legal Issues

  1. 1 ["Whether evidence of George Chambour's conduct at Granville on 21 September 2012 was admissible as tendency evidence in relation to the alleged conduct at the Sydney Opera House on 8 September 2013." 'Whether the alleged tendency to participate in physical violence using a knife with co-offenders had significant probative value.' 'Whether any probative value of the proposed tendency evidence substantially outweighed its prejudicial effect under s 101(2) of the Evidence Act 1995.']

Ratio Decidendi

The proposed Granville evidence was not admissible because it did not establish that Chambour used a knife with co-offenders, the only substantial similarity with the charged allegations was use of a knife, and any probative value was not significant and was outweighed by the risk of impermissible prejudicial reasoning.

Court Disposition

Application to admit tendency evidence refused.

Orders

  • ['The tender of the alleged tendency evidence is rejected.']