R v Moussa [2017] NSWCCA 267

R v Moussa [2017] NSWCCA 267

Remarks on Sentence from previous proceedings are admissible on the voir dire to prove the existence of an agreement or admission relating to a prior wounding by knife, as they are used not to prove a fact in issue in the previous proceeding but to demonstrate the existence of admissions or agreement between the parties, and are not precluded by s 91 of the Evidence Act 1995.

Parties
Applicant: Regina; Respondent: Mohammad Moussa
Jurisdiction
Australia
Judgment Date
17 November 2017
Procedural Posture
Criminal Appeal / Appeal From Evidentiary Ruling During Ongoing Trial
Outcome
Appeal allowed
Legal Topics
Tendency Evidence, Admissibility of Prior Convictions, Admissions in Prior Proceedings, Agreed Facts, Voir Dire
Criminal Law Evidence Tendency Evidence Admissibility of Prior Convictions Admissions in Prior Proceedings Agreed Facts Voir Dire

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 3 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

Regina

Applicant

Mohammad Moussa

Respondent

Procedural Posture

Criminal Appeal / Appeal From Evidentiary Ruling During Ongoing Trial

Legal Issues

  1. 1 Whether Remarks on Sentence from previous proceedings are admissible on the voir dire to prove the existence of agreement or admissions relating to prior offending
  2. 2 Whether s 91 of the Evidence Act 1995 precludes admissibility of findings or admissions from prior proceedings as proof in current proceedings

Ratio Decidendi

Remarks on Sentence from previous proceedings are admissible on the voir dire to prove the existence of an agreement or admission relating to a prior wounding by knife, as they are used not to prove a fact in issue in the previous proceeding but to demonstrate the existence of admissions or agreement between the parties, and are not precluded by s 91 of the Evidence Act 1995.

Court Disposition

Appeal allowed

Orders

  • The appeal is allowed.
  • The order made by Judge Maiden on 6 November 2017 is set aside.