BAGHDADI v Regina [2011] NSWCCA 234

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: BAGHDADI v Regina [2011] NSWCCA 234 Hearing dates: 13 April 2011 Decision date: 26 October 2011 Before: Campbell JA at [1] RS Hulme J at [127] Hoeben J at [128] Decision: (1) Extend the time for filing of a Notice of Intention to Appeal to and including 24 August 2009. (2) Extend the time during which the Notice of Intention to Appeal has effect to and including 31 August 2010. (3) Appeal allowed. (4) Set aside each conviction in the court below. (5) Remit the matter to the District Court for a new trial. (6) Direct the Solicitor for Public Prosecutions to notify the Registrar of this Court, and my Associate, in writing, promptly after the new trial has concluded. Catchwords: EVIDENCE - Coincidence evidence - s 98 Evidence Act 1995 (as at 10 November 2008) - for events to be related events, the events must be substantially and relevantly similar; and that the circumstances in which the events occurred must be substantially similar

EVIDENCE - Coincidence evidence - where evidence of A is adduced to prove that because of the improbability of A and B occurring coincidentally, a person did B; and evidence of A also adduced to prove that because of the improbability of A and C occurring coincidentally, that person did C - consideration of similarities between B and C not relevant to whether evidence of A can be admitted as coincidence evidence concerning B or C

CRIMINAL LAW - Evidence - Coincidence evidence - s 101 Evidence Act 1995 - probative value of evidence must outweigh any prejudicial effect it may have on the defendant - whether trial judge applied test