R v Diallo & Ors (No 3) [2024] NSWSC 877

Supreme Court New South Wales

Medium Neutral Citation: R v Diallo & Ors (No 3) [2024] NSWSC 877 Hearing dates: 4 July 2024 Date of orders: 18 July 2024 Decision date: 18 July 2024 Jurisdiction: Common Law Before: Hamill J Decision: The evidence from YA's Snapchat social media account in exhibit VD 7 is admissible Catchwords: EVIDENCE – admissions – assessment of probative value – where accused admits or boasts that he stabbed "AK" – where AK gives evidence that he was not harmed – whether probative value of evidence diminished by virtue of AK's denial – where stabbing not subject of charge or incident giving rise to charges – where incident subject of admission occurred on night before alleged murder – whether evidence "transactional" – evidence of context – probative value of evidence – danger of unfair prejudice – potential for misuse of evidence – tendency evidence – bad character evidence – whether prejudice can be cured by direction Legislation Cited: Evidence Act 1995 (NSW), ss 97, 98, 135, 137, 164 Cases Cited: R v Diallo & Ors (No 2) [2024] NSWSC 853 R v Diallo & Ors (No 4) [2024] NSWSC 882 Salgado v R [2022] NSWCCA 58 Category: Procedural rulings Parties: Rex (Prosecution) Ibrahima Diallo (Defendant) AG (Defendant) YA (Defendant) AD (Defendant) Panashe Morgan Ryan Karise (Defendant) Representation: Counsel: E Balodis and J Sfinas (Rex) R Wilson SC (Diallo) M Avenell SC (AG) W Terracini SC KC and P Kondich (YA) B Robinson (AD) M Smith (Karise)