R v Nehme (No 6) [2024] NSWSC 518

Supreme Court New South Wales

Medium Neutral Citation: R v Nehme (No 6) [2024] NSWSC 518 Hearing dates: 28 March 2024 Date of orders: 28 March 2024 Decision date: 06 May 2024 Jurisdiction: Common Law Before: McNaughton J Decision: The Court makes the following orders: (1) The application by the accused to adduce the following evidence is refused on the basis that the evidence is not admissible: (a) That Viliami Taufahema did not give evidence at his trial and did not raise self-defence; (b) The jury verdicts in the prosecutions of Viliami Taufahema and Sherene Rizk; (c) The decision of the Director of Public Prosecutions to discontinue proceedings against Mr Habib Catchwords: CRIME – murder – joint criminal enterprise – where accused gave evidence in his trial – where evidence of guilty verdicts of other accused persons sought to be adduced – where evidence of discontinued proceedings against another accused person sought to be adduced – whether evidence is relevant – whether evidence is otherwise admissible pursuant to Evidence Act, s 108A Legislation Cited: Evidence Act 1995 (NSW) ss 55, 56, 91, 108A Cases Cited: Mahmood v Western Australia (2008) 232 CLR 397; [2008] HCA 1 Nguyen v The Queen (2020) 269 CLR 299; [2020] HCA 23 Whitehorn v The Queen (1983) 152 CLR 657; [1983] HCA 42 Texts Cited: Nil Category: Procedural rulings Parties: Rex (Crown) Joseph Nehme (Accused) Representation: Counsel: K Ratcliffe (Crown) D Dalton SC / T Weller-Wong (Accused)