R v Abdaly; R v Hosseinishoja (No 2) [2022] NSWSC 1510

R v Abdaly; R v Hosseinishoja (No 2) [2022] NSWSC 1510

Evidence of criminal activities of other group members is inadmissible where there is no evidence of the accused's awareness or involvement, as its probative value is slight and is substantially outweighed by the risk of unfair prejudice. Conversely, evidence of association with Mr Sultani, including their roles within the group, is relevant and admissible to the extent it informs the likely relationship and capacity to obey directions relevant to the offence charged.

Jurisdiction
Australia
Judgment Date
02 November 2022
Procedural Posture
Criminal / Pre Trial Evidentiary Ruling
Outcome
Evidence of criminal activities of other members excluded; evidence of association with Mr Sultani admitted; application for Basha inquiry refused.
Legal Topics
['admissibility of Evidence' 'criminal Associations' 'prejudice Vs Probative Value']
['criminal Law' 'evidence'] ['admissibility of Evidence' 'criminal Associations' 'prejudice Vs Probative Value']

Case Brief

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Procedural Posture

Criminal / Pre Trial Evidentiary Ruling

Legal Issues

  1. 1 ['Whether evidence of criminal activities of other group members is admissible against the accused' 'Whether evidence of association with Mr Sultani is relevant and admissible' 'Application of s 137 of the Evidence Act balancing probative value and prejudice']

Ratio Decidendi

Evidence of criminal activities of other group members is inadmissible where there is no evidence of the accused's awareness or involvement, as its probative value is slight and is substantially outweighed by the risk of unfair prejudice. Conversely, evidence of association with Mr Sultani, including their roles within the group, is relevant and admissible to the extent it informs the likely relationship and capacity to obey directions relevant to the offence charged.

Court Disposition

Evidence of criminal activities of other members excluded; evidence of association with Mr Sultani admitted; application for Basha inquiry refused.

Orders

  • ["Except for the first sentence of paragraph 18, the evidence in paragraphs 16-18 and 22 of RS 1546093's statement is not admissible." 'Unable to rule on item 6 in current form; evidence rejected as presented.' "Tender of evidence in paragraph 9 of RS 1521670's statement is rejected; application for Basha inquiry...