R v Price; R v Rahim; R v Rizk; R v Taufahema (No 3) [2023] NSWSC 1661

Supreme Court New South Wales

Medium Neutral Citation: R v Price; R v Rahim; R v Rizk; R v Taufahema (No 3) [2023] NSWSC 1661 Hearing dates: 24 November 2023 Date of orders: 24 November 2023 Decision date: 24 November 2023 Jurisdiction: Common Law Before: McNaughton J Decision: The Court makes the following order: (1) Questions and answers 1257-1266 of the accused Rahim's Electronically Recorded Interview with Suspected Person are excluded Catchwords: CRIMINAL LAW – evidence – admissibility of evidence – Electronically Recorded Interview with Suspected Person ("ERISP") – evidence objected to by co-accused – s 135 Evidence Act 1995 (NSW) – the probative value of questions and answers 1257-1266 in the accused Rahim's ERISP is substantially outweighed by the danger that the evidence might be unfairly prejudicial to the accused Taufahema Legislation Cited: Evidence Act 1995 (NSW), s 135 Category: Procedural rulings Parties: Rex (Crown) Lisa Anne Price (Accused) Bilal Rahim (Accused) Sherene Rizk (Accused) Viliami Bui Taufahema (Accused) Representation: Counsel: K Ratcliffe (Crown) T Quilter (Lisa Anne Price) M Hobart SC (Bilal Rahim) N Carroll (Sherene Rizk) A Evers (Viliami Bui Taufahema)

Solicitors: Solicitor for Public Prosecutions (Crown) Sydney Side Lawyers (Lisa Anne Price) Australian Criminal & Family Lawyers (Bilal Rahim) Malouf Criminal Lawyers (Sherene Rizk) Criminal Law Group (Viliami Bui Taufahema) File Number(s): 2019/00399270, 2019/00388028, 2019/00397014, 2019/00388190 Publication restriction: No publication until the conclusion of the trial of Joseph Nehme