R v Price; R v Rahim; R v Rizk; R v Taufahema (No 3) [2023] NSWSC 1661

R v Price; R v Rahim; R v Rizk; R v Taufahema (No 3) [2023] NSWSC 1661

The probative value of questions and answers 1257-1266 of Rahim's ERISP is substantially outweighed by the danger that the evidence might be unfairly prejudicial to the accused Taufahema. Consequently, those questions and answers are excluded.

Jurisdiction
Australia
Judgment Date
24 November 2023
Procedural Posture
Criminal / Procedural Ruling
Outcome
application to exclude evidence granted
Legal Topics
['admissibility of Evidence' 'erisp' 'unfair Prejudice' 's 135 Evidence Act 1995 (nsw)']
['criminal Law'] ['admissibility of Evidence' 'erisp' 'unfair Prejudice' 's 135 Evidence Act 1995 (nsw)']

Case Brief

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Procedural Posture

Criminal / Procedural Ruling

Legal Issues

  1. 1 ["Whether questions and answers 1257-1266 of the accused Rahim's Electronically Recorded Interview with Suspected Person (ERISP) should be excluded on the ground of unfair prejudice to the accused Taufahema under s 135 of the Evidence Act 1995 (NSW)"]

Ratio Decidendi

The probative value of questions and answers 1257-1266 of Rahim's ERISP is substantially outweighed by the danger that the evidence might be unfairly prejudicial to the accused Taufahema. Consequently, those questions and answers are excluded.

Court Disposition

application to exclude evidence granted

Orders

  • ["Questions and answers 1257-1266 of the accused Rahim's Electronically Recorded Interview with Suspected Person are excluded."]