R v Saleh KHODR [2007] NSWDC 397

R v Saleh KHODR [2007] NSWDC 397

The evidence does not suggest any impropriety or dishonesty in the accused's attempted contact with the witness and therefore lacks sufficient relevance to undermine his asserted character for honesty. Such evidence should be rejected.

Parties
Prosecution: Regina; Accused: Saleh Khodr
Jurisdiction
Australia
Judgment Date
04 April 2007
Procedural Posture
Criminal / Voir Dire Ruling During Jury Trial
Outcome
Crown evidence rejected as not sufficiently relevant.
Legal Topics
Character Evidence, Relevance of Evidence, Jury Trial
Criminal Law Character Evidence Relevance of Evidence Jury Trial

Case Brief

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Parties

Regina

Prosecution

Saleh Khodr

Accused

Procedural Posture

Criminal / Voir Dire Ruling During Jury Trial

Legal Issues

  1. 1 Whether evidence of the accused's attempt to contact a witness is relevant to contesting his asserted honesty as character evidence.

Ratio Decidendi

The evidence does not suggest any impropriety or dishonesty in the accused's attempted contact with the witness and therefore lacks sufficient relevance to undermine his asserted character for honesty. Such evidence should be rejected.

Court Disposition

Crown evidence rejected as not sufficiently relevant.

Orders

  • If such evidence is tendered by the Crown to contradict the accused's asserted honesty, it will be rejected as not sufficiently relevant.