Diallo & Ors (No 15) [2024] NSWSC 1114

Diallo & Ors (No 15) [2024] NSWSC 1114

The probative value of the Macquarie Dictionary extract was found to be wafer-thin compared to its significant potential for prejudice and risk of misleading the jury on the meaning of 'to smoke' given the idiosyncratic language in evidence; as such, the tender of the dictionary extract was rejected.

Parties
Prosecution: Rex; Defendant: Ibrahima Diallo; Defendant: AG; Defendant: AD; Defendant: Panashe Morgan Ryan Karise
Jurisdiction
Australia
Judgment Date
30 August 2024
Procedural Posture
Criminal / Procedural Ruling During Trial
Outcome
Tender of dictionary extract rejected
Legal Topics
Admissibility of Evidence, Dictionary Evidence, Consciousness of Guilt, Jury Directions
Criminal Law Evidence Admissibility of Evidence Dictionary Evidence Consciousness of Guilt Jury Directions

Case Brief

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Parties

Rex

Prosecution

Ibrahima Diallo

Defendant

AG

Defendant

AD

Defendant

Panashe Morgan Ryan Karise

Defendant

Procedural Posture

Criminal / Procedural Ruling During Trial

Legal Issues

  1. 1 Whether an extract from the Macquarie Dictionary can be admitted to prove the colloquial meaning of 'to smoke' as used by an accused in a recorded conversation.

Ratio Decidendi

The probative value of the Macquarie Dictionary extract was found to be wafer-thin compared to its significant potential for prejudice and risk of misleading the jury on the meaning of 'to smoke' given the idiosyncratic language in evidence; as such, the tender of the dictionary extract was rejected.

Court Disposition

Tender of dictionary extract rejected

Orders

  • The tender of an extract of the Macquarie Dictionary to prove a colloquial meaning of the verb 'to smoke' is rejected.