R v Krivosic [2021] NSWSC 437

R v Krivosic [2021] NSWSC 437

The proposed evidence of Mr Nassif's incarceration is irrelevant to any fact in issue, has no probative value, and poses an unfair risk of prejudice by attacking the victim's character. Similarly, the words attributed to Mr Krivosic in a witness statement were irrelevant and without context, and thus inadmissible.

Parties
Crown: Regina; Accused: Marko Krivosic
Jurisdiction
Australia
Judgment Date
29 April 2021
Procedural Posture
Criminal / Evidentiary Ruling Pre Trial or During Trial
Outcome
Objection upheld; evidence excluded.
Legal Topics
Relevance of Evidence, Unfair Prejudice, Character Evidence, Admissibility of Evidence
Criminal Law Evidence Relevance of Evidence Unfair Prejudice Character Evidence Admissibility of Evidence

Case Brief

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Parties

Regina

Crown

Marko Krivosic

Accused

Procedural Posture

Criminal / Evidentiary Ruling Pre Trial or During Trial

Legal Issues

  1. 1 Whether the fact of Mr Nassif's incarceration is admissible as evidence.
  2. 2 Whether certain words attributed to Mr Krivosic in Ms Delforce's statement are admissible.

Ratio Decidendi

The proposed evidence of Mr Nassif's incarceration is irrelevant to any fact in issue, has no probative value, and poses an unfair risk of prejudice by attacking the victim's character. Similarly, the words attributed to Mr Krivosic in a witness statement were irrelevant and without context, and thus inadmissible.

Court Disposition

Objection upheld; evidence excluded.

Orders

  • The application to lead evidence of Mr Nassif’s incarceration is rejected.
  • The words attributed to Mr Krivosic in Ms Delforce’s statement are rejected as inadmissible.