Regina v Raad Fajloun and Mikel Fajloun [2007] NSWDC 367

Regina v Raad Fajloun and Mikel Fajloun [2007] NSWDC 367

The objection was overruled because Issa Fajloun's evidence was significant to the prosecution, no substitute evidence was available, the alleged offences were serious, and the evidence disclosed little or no harm to him or to his relationship with his father if he gave evidence; therefore the desirability of his giving evidence outweighed any harm.

Jurisdiction
Australia
Judgment Date
12 November 2007
Procedural Posture
Criminal Trial / Voir Dire Judgment on Objection Under S18 of the Evidence Act 1995
Outcome
Objection under s18 of the Evidence Act 1995 overruled.
Legal Topics
['witness Objection to Giving Evidence for the Prosecution' 'evidence Act 1995 S18' 'family Relationship With Accused' 'voir Dire']
['criminal Law' 'evidence'] ['witness Objection to Giving Evidence for the Prosecution' 'evidence Act 1995 S18' 'family Relationship With Accused' 'voir Dire']

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Procedural Posture

Criminal Trial / Voir Dire Judgment on Objection Under S18 of the Evidence Act 1995

Legal Issues

  1. 1 ["Whether Issa Fajloun's objection under s18 of the Evidence Act 1995 to giving evidence for the prosecution should be upheld or overruled." 'Whether the desirability of Issa Fajloun giving evidence outweighed the nature and extent of any harm that may be occasioned by him giving evidence.']

Ratio Decidendi

The objection was overruled because Issa Fajloun's evidence was significant to the prosecution, no substitute evidence was available, the alleged offences were serious, and the evidence disclosed little or no harm to him or to his relationship with his father if he gave evidence; therefore the desirability of his giving evidence outweighed any harm.

Court Disposition

Objection under s18 of the Evidence Act 1995 overruled.

Orders

  • ['The objection made under s 18 of the Evidence Act was overruled.']