R v Aiman SALAMI [2013] NSWCCA 96

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: R v Aiman SALAMI [2013] NSWCCA 96 Hearing dates: Wednesday 3 April 2013 Decision date: 03 April 2013 Before: Macfarlan JA Price J RS Hulme AJ Decision: 1 Appeal allowed. 2 Vacate the decision or ruling made by his Honour Judge Armitage excluding evidence of recorded telephone calls between the accused and Jaziba El Mazri and the translation of those recorded calls by Joseph Abdo pursuant to s 137 of the Evidence Act 1995. 3 Order that the evidence of the telephone calls between the accused and Jaziba El Mazri is admissible. 4 Order that the evidence of the translation of those recorded calls into the English language by Joseph Abdo is admissible. Catchwords: Evidence of intent - presumption of continuance - Criminal Appeal Act 1912, s5F Legislation Cited: Criminal Appeal Act 1912, s 5F(3)(a) Evidence Act 1995, s 137 Texts Cited: Phipson on Evidence, 17th Ed., para 7/20; Cross on Evidence, Australian Ed., para 1125 Category: Principal judgment Parties: Appellant - Regina Respondent - Aiman Salami Representation: Counsel: Appellant - J Trevallion Respondent - S Dowling Solicitors: Appellant - Director of Public Prosecutions Respondent - Archbold Legal Solutions File Number(s): CCA 2011/166372 Decision under appeal Jurisdiction: 9101 Date of Decision: 2012-08-29 00:00:00 Before: Armitage DCJ File Number(s): 2011/166372