R v Hawi & ors (No 17) [2011] NSWSC 1663
The evidence regarding prior violent behaviour and weapon offences of the witness AL is not capable of having 'significant probative value' and is therefore inadmissible as tendency evidence under s 97 of the Evidence Act 1995. The evidence may only be used as relevant to AL's credibility, not to show a tendency to act violently or to possess and use weapons.
- Jurisdiction
- Australia
- Judgment Date
- 15 August 2011
- Procedural Posture
- Criminal / Evidentiary Ruling Before Jury Trial
- Outcome
- Tendency evidence application rejected.
- Legal Topics
- ['tendency Evidence' 'propensity Evidence' 'admissibility of Evidence' 'credibility of Witness']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Criminal / Evidentiary Ruling Before Jury Trial
Legal Issues
- 1 ["Whether certain evidence regarding a prosecution witness's prior convictions and alleged violent conduct is admissible as tendency evidence under s 97 of the Evidence Act 1995"]
Ratio Decidendi
The evidence regarding prior violent behaviour and weapon offences of the witness AL is not capable of having 'significant probative value' and is therefore inadmissible as tendency evidence under s 97 of the Evidence Act 1995. The evidence may only be used as relevant to AL's credibility, not to show a tendency to act violently or to possess and use weapons.
Court Disposition
Tendency evidence application rejected.
Orders
- ["The evidence of AL's prior convictions and conduct is not admissible as tendency evidence." 'Jury will be directed that such evidence is relevant only to credibility and may not be used to infer tendency.']
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