Regina v Mikel Fajloun; Regina v Raad Fajloun [2007] NSWDC 381

New South Wales District Court

CITATION: Regina v Mikel Fajloun; Regina v Raad Fajloun [2007] NSWDC 381

JUDGMENT DATE: 5 November 2007

JURISDICTION: District Court of New South Wales

JUDGMENT OF: Cogswell SC DCJ

DECISION: The evidence is admitted subject to exceptions noted in judgment.

CATCHWORDS: CRIMINAL LAW - admissibility of evidence - previous acts of domestic violence towards victim - objection on grounds of relevance

LEGISLATION CITED: Evidence Act 1995 s 135, s 137

Regina Mikel Fajloun PARTIES: Raad Fajloun

NOTE - NON-PUBLICATION ORDER FOR NAME OF COMPLAINANT

FILE NUMBER(S): 06/21/247; 06/21/248

Ms Herbert for the Crown COUNSEL: Mr Watson for Mikel Fajloun Dr Webb for Raad Fajloun

JUDGMENT

1. Objection is taken by Dr Webb to evidence proposed to be led by the Crown. The evidence the subject of the objection was tendered on the voir dire and became exhibits VD-A and VD-B. Exhibit VD-A comprises three statements of the complainant. Exhibit VD-B comprises a series of photographs of the complainant.

2. Dr Webb, who acts for Mr Raad Fajloun, takes his objection on the grounds of relevance and under ss 135 and 137 of the Evidence Act 1995.

3. His client faces three charges. One is aggravated break enter and commit serious indictable offence. The second is of aggravated kidnapping and the third is assault occasioning actual bodily harm. The alleged victim in each case is his client's wife.

4. Very briefly the allegation is that Mr Raad Fajloun and his brother and co-accused Mikel Fajloun crashed through the complainant's unit door with an axe. They kidnapped her, forced her into a car, and took her to an unoccupied house. There she was detained. She was assaulted physically in that house, the Crown alleges, by Mr Raad Fajloun.