R v AKB (No. 4) [2018] NSWSC 1082

R v AKB (No. 4) [2018] NSWSC 1082

The evidence in paragraphs 32 of Malaly Iskandary’s statement and 6 of Razieh Mohammadi’s statement is rejected on the basis that the incidents described are too remote in time to the charged event to be relevant, and any probative value is outweighed by potential prejudice to the accused.

Jurisdiction
Australia
Judgment Date
12 July 2018
Procedural Posture
Criminal / Evidentiary Ruling
Outcome
evidence excluded
Legal Topics
['relationship Evidence' 'hearsay' 'probative Value' 'remoteness in Time']
['evidence' 'criminal Law'] ['relationship Evidence' 'hearsay' 'probative Value' 'remoteness in Time']

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

Legal Issues

  1. 1 ['Whether hearsay evidence from the deceased relating to events in Iran is admissible as relationship evidence' 'Whether the events described are too remote in time to have probative value']

Ratio Decidendi

The evidence in paragraphs 32 of Malaly Iskandary’s statement and 6 of Razieh Mohammadi’s statement is rejected on the basis that the incidents described are too remote in time to the charged event to be relevant, and any probative value is outweighed by potential prejudice to the accused.

Court Disposition

evidence excluded

Orders

  • ['Evidence in paragraph 32 of the statement of Malaly Iskandary and paragraph 6 of the statement of Razieh Mohammadi is rejected.']