R v Nour (No 2) [2017] NSWDC 391

R v Nour (No 2) [2017] NSWDC 391

Uncorroborated allegations of prior violence by the accused towards the complainant are inadmissible as tendency evidence due to lack of significant probative value, but evidence establishing the accused's restriction of complainant's contact with family may be admitted as tendency evidence, and prior acts of violence may be admitted as context evidence to explain the relationship and history to the jury, subject to jury directions prohibiting use as propensity evidence.

Jurisdiction
Australia
Judgment Date
29 June 2017
Procedural Posture
Criminal / Pre Trial Rulings on Evidence
Outcome
Various rulings on admissibility of evidence, some evidence admitted, some excluded, ruling on alleged admission deferred.
Legal Topics
['tendency Evidence' 'context Evidence' 'admissibility of Evidence' '0 0 0 Calls' 'preliminary Rulings']
['criminal Law'] ['tendency Evidence' 'context Evidence' 'admissibility of Evidence' '0 0 0 Calls' 'preliminary Rulings']

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 / Pre Trial Rulings on Evidence

Legal Issues

  1. 1 ['Whether tendency evidence can be admitted against the accused' 'Whether context evidence of prior violence is admissible' 'Admissibility of transcripts of 0-0-0 calls' 'Admissibility of alleged admission at police station']

Ratio Decidendi

Uncorroborated allegations of prior violence by the accused towards the complainant are inadmissible as tendency evidence due to lack of significant probative value, but evidence establishing the accused's restriction of complainant's contact with family may be admitted as tendency evidence, and prior acts of violence may be admitted as context evidence to explain the relationship and history to the jury, subject to jury directions prohibiting use as propensity evidence.

Court Disposition

Various rulings on admissibility of evidence, some evidence admitted, some excluded, ruling on alleged admission deferred.

Orders

  • ['Evidence of prior uncorroborated violence and threats excluded as tendency evidence.' "Text messages establishing tendency to prevent contact with complainant's family admitted as tendency evidence." 'Prior acts of violence allowed as context evidence, with suitable jury directions.' 'Parts of transcripts of two...