R v Marwan JUBRAEEL (No 2) [2014] NSWSC 1603

R v Marwan JUBRAEEL (No 2) [2014] NSWSC 1603

The probative value of the evidence relating to possession and discharge of the weapon is not outweighed by unfair prejudice, especially given proposed jury directions; therefore, it is admissible under s 137 of the Evidence Act 1995.

Parties
Prosecution: Regina (Crown); Accused: Marwan Jubraeel
Jurisdiction
Australia
Judgment Date
18 February 2014
Procedural Posture
Criminal / Interlocutory Application
Outcome
Evidence of possession and discharge of weapon ruled admissible under s 137 of the Evidence Act 1995.
Legal Topics
Unfair Prejudice, Admissibility of Evidence, Probative Value
Evidence Unfair Prejudice Admissibility of Evidence Probative Value

Case Brief

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Parties

Regina (Crown)

Prosecution

Marwan Jubraeel

Accused

Procedural Posture

Criminal / Interlocutory Application

Legal Issues

  1. 1 Whether evidence relating to possession and discharge of weapon is admissible under s 137 of the Evidence Act 1995 given alleged unfair prejudice

Ratio Decidendi

The probative value of the evidence relating to possession and discharge of the weapon is not outweighed by unfair prejudice, especially given proposed jury directions; therefore, it is admissible under s 137 of the Evidence Act 1995.

Court Disposition

Evidence of possession and discharge of weapon ruled admissible under s 137 of the Evidence Act 1995.

Orders

  • Evidence relating to possession and discharge of weapon is admissible.