R v Khazma [2018] NSWSC 2055

R v Khazma [2018] NSWSC 2055

Certain tendency evidence of prior assaults by Ms AS is admissible as it is capable of bearing significant probative value regarding the identity of the perpetrator of injuries, but only those parts of witness statements directly supporting that probative value are allowed. The accused's admission to police upon arrest, volunteered rather than made in the course of official questioning, is admissible; however, the subsequent clarifying admission is excluded due to failure to record despite availability of recording equipment. Ms AS's recorded interview is excluded from evidence in chief as she is not a complainant under the domestic violence provisions nor a cognitively impaired person,...

Parties
Prosecution: The Crown; Accused: Mohammed Khazma
Jurisdiction
Australia
Judgment Date
14 December 2018
Procedural Posture
Criminal / Pre Trial Rulings
Outcome
Interlocutory pre-trial rulings; no final determination on guilt or innocence
Legal Topics
Tendency Evidence, Admissibility, Hearsay, Criminal Procedure, Witness Evidence, Admissions
Criminal Law Evidence Tendency Evidence Admissibility Hearsay Criminal Procedure Witness Evidence Admissions

Case Brief

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Parties

The Crown

Prosecution

Mohammed Khazma

Accused

Procedural Posture

Criminal / Pre Trial Rulings

Legal Issues

  1. 1 Admissibility of tendency evidence to be adduced by the accused
  2. 2 Whether tendency evidence has significant probative value
  3. 3 Admissibility of admissions made by the accused to police under s 281 of the Criminal Procedure Act 1986 (NSW)

Ratio Decidendi

Certain tendency evidence of prior assaults by Ms AS is admissible as it is capable of bearing significant probative value regarding the identity of the perpetrator of injuries, but only those parts of witness statements directly supporting that probative value are allowed. The accused's admission to police upon arrest, volunteered rather than made in the course of official questioning, is admissible; however, the subsequent clarifying admission is excluded due to failure to record despite availability of recording equipment. Ms AS's recorded interview is excluded from evidence in chief as she is not a complainant under the domestic violence provisions nor a cognitively impaired person,...

Court Disposition

Interlocutory pre-trial rulings; no final determination on guilt or innocence

Orders

  • Certain tendency evidence adduced by the accused is admissible; schedule of allowed evidence annexed.
  • Admission 'I did not mean to kill her' by accused is admissible; qualifying statement excluded under s 281.