R v Spiteri-Ahern; R v Barber; R v Zraika (No 7) [2017] NSWSC 1329

R v Spiteri-Ahern; R v Barber; R v Zraika (No 7) [2017] NSWSC 1329

The evidence regarding association with The Rebels does not directly or indirectly affect the likelihood of the threat being made nor the seriousness with which it was uttered, and any probative value is of little weight. The evidence is only relevant in the prejudicial sense and is rejected.

Jurisdiction
Australia
Judgment Date
26 September 2017
Procedural Posture
Criminal / Evidentiary Ruling
Outcome
evidence rejected
Legal Topics
['admissibility of Evidence' 'probative Value' 'unfair Prejudice' 'guilt by Association']
['criminal Law' 'evidence Law'] ['admissibility of Evidence' 'probative Value' 'unfair Prejudice' 'guilt by Association']

Case Brief

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Procedural Posture

Criminal / Evidentiary Ruling

Legal Issues

  1. 1 ['Whether evidence of association between the accused and members of the Rebels Outlaw Motorcycle Gang is relevant and admissible under the Evidence Act 1995.' 'Whether the probative value of the evidence is outweighed by its unfairly prejudicial effect under s137 of the Evidence Act 1995.']

Ratio Decidendi

The evidence regarding association with The Rebels does not directly or indirectly affect the likelihood of the threat being made nor the seriousness with which it was uttered, and any probative value is of little weight. The evidence is only relevant in the prejudicial sense and is rejected.

Court Disposition

evidence rejected

Orders

  • ['The Court rejects the evidence sought to be adduced by the Crown on the grounds that its only relevance or its overwhelming relevance is unfairly prejudicial.']