R v Tabbah; R v Tiriaki (No 4) [2014] NSWSC 567

R v Tabbah; R v Tiriaki (No 4) [2014] NSWSC 567

The CCTV footage was admissible as it was relevant and its probative value was not outweighed by the danger of unfair prejudice to the accused. The reliability and timing issues with the footage are matters for the jury to assess.

Jurisdiction
Australia
Judgment Date
23 April 2014
Procedural Posture
Criminal / Evidentiary Ruling
Outcome
Evidence admissible
Legal Topics
['admissibility of Evidence' 'cctv Footage' 'relevance' 'probative Value' 'prejudicial Effect']
['criminal Law' 'evidence'] ['admissibility of Evidence' 'cctv Footage' 'relevance' 'probative Value' 'prejudicial Effect']

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 / Evidentiary Ruling

Legal Issues

  1. 1 ['Is the CCTV footage relevant and admissible?' 'Does the probative value of the footage outweigh the danger of unfair prejudice under s 137 of the Evidence Act 1995 (NSW)?']

Ratio Decidendi

The CCTV footage was admissible as it was relevant and its probative value was not outweighed by the danger of unfair prejudice to the accused. The reliability and timing issues with the footage are matters for the jury to assess.

Court Disposition

Evidence admissible

Orders

  • ['CCTV footage admitted as evidence']