R v Barakat; R v Younes (No 3) [2016] NSWSC 1256

Supreme Court New South Wales

Medium Neutral Citation: R v Barakat; R v Younes (No 3) [2016] NSWSC 1256 Hearing dates: 8 September 2016 Decision date: 09 September 2016 Jurisdiction: Common Law - Criminal Before: N Adams J Decision: (1) The objection made under s 18(2) of the Evidence Act 1995 (NSW) by Jezelle Younes is upheld. (2) Pursuant to s 18(6) of the Evidence Act I order that Jezelle Younes must not be required to give evidence at the trial of the accused Younes and Barakat. Catchwords: EVIDENCE – objection taken by wife of accused Younes to giving evidence at trial – whether likelihood that harm might be caused to wife of accused or her relationship if evidence given – whether harm outweighs desirability of having evidence given – balancing exercise undertaken - objection upheld Legislation Cited: Evidence Act 1995 (NSW), ss 18, 38 Cases Cited: Basha v R (1989) 39 A Crim R 337 R v Flentjar (No 2) [2008] NSWSC 648 R v Rogerson; R v McNamara (No 1) [2015] NSWSC 592 R v Stanford, Marcus [2016] NSWSC 1174 Category: Procedural and other rulings Parties: David Younes Regina Representation: Counsel: G Stanton with Mark Fozzard (Accused Younes) D Dalton SC (Accused Barakat) P McGrath SC (Crown) A Chhabra (Jezelle Younes)

Solicitors: Elie Rahme and Associates (Accused Younes) Kiki Kyriacou Lawyers (Accused Barakat) Solicitor for Public Prosecutions (Crown) Astoria Lawyers (Jezelle Younes) File Number(s): 2013/00327630; 2013/00327619