R v Hawi & ors (No 5) [2011] NSWSC 1651

R v Hawi & ors (No 5) [2011] NSWSC 1651

Photographs of the accused showing tattoos, including facial appearance, are admissible as they aid the jury in assessing eyewitness descriptions; probative value outweighs any risk of unfair prejudice. Photographs altered to minimise prejudicial impact may be admitted.

Jurisdiction
Australia
Judgment Date
18 May 2011
Procedural Posture
Criminal / Pre Trial Evidentiary Ruling
Outcome
Evidence admitted in part
Legal Topics
['admissibility of Photographs' 'relevance' 'unfair Prejudice' 'eyewitness Identification']
['criminal Law' 'evidence'] ['admissibility of Photographs' 'relevance' 'unfair Prejudice' 'eyewitness Identification']

Case Brief

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Procedural Posture

Criminal / Pre Trial Evidentiary Ruling

Legal Issues

  1. 1 ['Whether photographs of accused showing tattoos are admissible as evidence.' 'Whether photographs showing an accused in prison clothing are unfairly prejudicial.']

Ratio Decidendi

Photographs of the accused showing tattoos, including facial appearance, are admissible as they aid the jury in assessing eyewitness descriptions; probative value outweighs any risk of unfair prejudice. Photographs altered to minimise prejudicial impact may be admitted.

Court Disposition

Evidence admitted in part

Orders

  • ['Photographs of accused showing tattoos and facial appearance are admitted, subject to modification to remove prejudicial elements such as certain lettering.' 'Photographs depicting tattoos not present or altered after the relevant date are not admitted.' 'Photograph of one accused in prison clothing is admitted...