R v Abdollahi (No 1) [2013] NSWSC 474

R v Abdollahi (No 1) [2013] NSWSC 474

Evidence of events after the point where any accused (except possibly Parhizkar) can be identified as involved is inadmissible since its limited possible relevance is outweighed by its unfair prejudicial effect; it could cause the jury to unjustifiably attribute later, more severe property damage to the accused.

Jurisdiction
Australia
Judgment Date
05 February 2013
Procedural Posture
Criminal / Evidentiary Ruling Before Trial
Outcome
Evidence excluded
Legal Topics
['evidence Admissibility' 'public Order Offences' 'affray' 'riot' 'prejudicial Evidence']
['criminal Law'] ['evidence Admissibility' 'public Order Offences' 'affray' 'riot' 'prejudicial Evidence']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal / Evidentiary Ruling Before Trial

Legal Issues

  1. 1 ["Whether evidence of incidents after the accuseds' identifiable involvement is admissible" 'Assessment of relevance and potential unfair prejudice of such evidence']

Ratio Decidendi

Evidence of events after the point where any accused (except possibly Parhizkar) can be identified as involved is inadmissible since its limited possible relevance is outweighed by its unfair prejudicial effect; it could cause the jury to unjustifiably attribute later, more severe property damage to the accused.

Court Disposition

Evidence excluded

Orders

  • ['All evidence of events subsequent to the evacuation of Serco staff from the Fowler Compound is inadmissible.']