R v Hawi & ors (No 13) [2011] NSWSC 1659

R v Hawi & ors (No 13) [2011] NSWSC 1659

Portions of Corrections Health Service notes from MFI 50 were admissible as business records containing a prior inconsistent statement regarding heroin use, because the denial could substantially affect AL's credibility; however, pages from MFI 53 (Nepean Hospital) were not admissible as their prior representations were not relevant to the facts in issue and were not capable of substantially affecting AL's credibility.

Parties
Prosecution: Regina; Accused: Mahmoud Hawi; Accused: Christian Adam Menzies; Accused: Farres Abounader; Accused: Ishmail Eken; Accused: Usama Potrus; Accused: Zoran Kisacanin; Accused: David Padovan
Jurisdiction
Australia
Judgment Date
28 July 2011
Procedural Posture
Criminal / Trial Evidentiary Ruling
Outcome
Evidence admitted in part
Legal Topics
Credibility, Prior Inconsistent Statements, Relevance
Criminal Law Evidence Law Credibility Prior Inconsistent Statements Relevance

Case Brief

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Parties

Regina

Prosecution

Mahmoud Hawi

Accused

Christian Adam Menzies

Accused

Farres Abounader

Accused

Ishmail Eken

Accused

Usama Potrus

Accused

Zoran Kisacanin

Accused

David Padovan

Accused

Procedural Posture

Criminal / Trial Evidentiary Ruling

Legal Issues

  1. 1 Whether business records containing prior representations by witness AL are admissible as evidence to contradict denials and affect credibility.
  2. 2 Whether the prior representations are relevant to facts in issue regarding violent conduct at Sydney Airport.

Ratio Decidendi

Portions of Corrections Health Service notes from MFI 50 were admissible as business records containing a prior inconsistent statement regarding heroin use, because the denial could substantially affect AL's credibility; however, pages from MFI 53 (Nepean Hospital) were not admissible as their prior representations were not relevant to the facts in issue and were not capable of substantially affecting AL's credibility.

Court Disposition

Evidence admitted in part

Orders

  • The portion of document MFI 50 relevant to heroin use is admitted as evidence; documents MFI 53 (Nepean Hospital) not admitted.