R v HAOUI [2007] NSWDC 140

New South Wales District Court

CITATION: R v HAOUI [2007] NSWDC 140

HEARING DATE(S): 30th January 2007 - 7th February 2007

JUDGMENT DATE: 20 April 2007

JURISDICTION: Criminal

JUDGMENT OF: Berman SC DCJ

DECISION: The evidence was admissible

CATCHWORDS: Criminal Law - Judgment - Voir Dire - Admissibility of Evidence - Motor vehicle collision

LEGISLATION CITED: Evidence Act

PARTIES: Crown Joseph Robert Haoui

FILE NUMBER(S): 04/11/1278

COUNSEL: P Leask (Crown) D Campbell SC (Offender)

SOLICITORS: NSW DPP Slattery Jurd & Co

JUDGMENT

1 HIS HONOUR: Joseph Robert Haoui appeared for trial charged with driving at a speed dangerous to another person or persons whereby his vehicle was involved in an impact as a result of which grievous bodily harm was occasioned to Kamal Mousselamani.

2 He pleaded not guilty to that charge.

3 The only evidence that the crown had to establish the speed that the accused was travelling, came from a police officer, Sergeant John Kelly.

4 Before his evidence was given in the trial proper, a voir dire was conducted and I was asked to rule on the admissibility of his evidence. I ruled that his evidence was admissible and he was then called to give evidence before the jury. The jury must have accepted that evidence beyond reasonable doubt in view of the verdict they later returned.

5 Because I was anxious not to unnecessarily delay the jury any more than it had been, I indicated, when announcing my decision to admit the evidence of Sergeant Kelly, that I would give my reasons for that decision later. These are those reasons.

6 Sergeant Kelly did not actually attend the location in Frederick Street at the time of the collision, although he did go there some considerable time later. Instead he relied on material obtained by other police officers in order to calculate what he said was a conservative value for the speed at which the accused was travelling down Frederick Street immediately before he braked in an effort to avoid colliding with the vehicle in which Mr Mousselamani was travelling.