R v Moussa [2017] NSWCCA 267

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: R v Moussa [2017] NSWCCA 267 Hearing dates: 8 November 2017 Date of orders: 08 November 2017 Decision date: 17 November 2017 Before: Gleeson JA; Rothman J; Hamill J Decision: (1) Allow the appeal.

(2) Set aside the order made by Judge Maiden on 6 November 2017.

(3) The Remarks on Sentence of Judge Arnott SC in R v Mohammad Moussa on 29 August 2013 are admissible on the voir dire to prove the existence of an agreement or admission to a prior wounding by knife.

(4) Note that, in the absence of the parties reaching agreement in relation to the admission of the Agreed Facts in Annexure B to the Affidavit of Megan Betteridge sworn 7 November 2017, that it is a matter for the trial judge to determine any objections to the admissibility of the Agreed Facts. Catchwords: EVIDENCE – urgent appeal from ruling in criminal trial – conduct leading to previous conviction tendered as tendency evidence – dispute as to whether admissions in previous offence proceedings admissible as tendency – question was were admissions made – Remarks on Sentence of previous proceedings admissible in voir dire in present proceedings to prove existence of agreement in previous proceedings and thereby the admissions made. Legislation Cited: Crimes Act 1900 Criminal Appeal Act 1912 Evidence Act 1995 Cases Cited: Cuong Ly v HIH Insurance Limited (in Liquidation) [2015] NSWSC 790 R v Jacobs (No 5) [2013] NSWSC 946 Category: Principal judgment Parties: Regina (Applicant) Mohammad Moussa (Respondent) Representation: Counsel: Ms S Dowling SC / Mr T Pickering (Applicant) Ms L Bewsher (Respondent)