R v Nehme (No 3) [2024] NSWSC 515

Supreme Court New South Wales

Medium Neutral Citation: R v Nehme (No 3) [2024] NSWSC 515 Hearing dates: 15 March 2024, 18 March 2024 Date of orders: 18 March 2024 Decision date: 06 May 2024 Jurisdiction: Common Law Before: McNaughton J Decision: In relation to item 321 of Exhibit F (Product 30080), the Court makes the following orders: (1) The impugned passage is relevant pursuant to s 55 of the Evidence Act 1995 (NSW), and therefore admissible pursuant to s 56 of the Evidence Act unless excluded by another provision of the Evidence Act; (2) Pursuant to s 137 of the Evidence Act 1995 (NSW), the probative value is not outweighed by the danger of unfair prejudice to the accused; (3) The Crown is permitted to adduce the whole of the audio recording, including the impugned passage; (4) The Crown is permitted to address the jury as to the words contended for in its closing address. Catchwords: CRIME – evidence – joint criminal enterprise – intercepted phone calls – where Crown contends the accused said "I stabbed a bloke" – where the words are difficult to decipher from the intercepted audio – whether impugned audio passage is relevant – whether the probative value of the evidence is significantly outweighed by its prejudicial effect Legislation Cited: Evidence Act 1995 (NSW), pt 1, ss 48, 55, 56, 78, 79, 135, 136, 137 Cases Cited: Butera v Director of Public Prosecutions (Vic) (1987) 164 CLR 180; [1987] HCA 48 Decision Restricted [2021] NSWSC 750 Eastman v R (1997) 76 FCR 9 IMM v The Queen (2016) 257 CLR 300; [2016] HCA 14 Mahmood v Western Australia (2008) 232 CLR 397; [2008] HCA 1 R v Cassar; R v Sleiman [1999] NSWSC 436 R v Giovannone [2002] NSWCCA 323 R v Hall [2001] NSWSC 827 R v Hawat (No 5) [2019] NSWSC 1727 R v Menzies [1982] 1 NZLR 40 R v Nehme, Price, Rahim, Taufahema and Rizk (No 4) [2023] NSWSC 932 Texts Cited: Nil Category: Procedural rulings Parties: Rex (Crown) Joseph Nehme (Accused) Representation: Counsel: K Ratcliffe (Crown) D Dalton SC / T Weller-Wong (Accused)