The Law Library of Victoria Home Menu

Minister for Home Affairs v Benbrika, Abdul Nacer (Ruling No 1) [2020] VSC 886

PUBLIC LAW
Supreme Court of Victoria
Division: 
Criminal Division
Judge(s): 
Tinney J
Parties: 

Minister for Home Affairs v Benbrika, Abdul Nacer (Ruling No 1)

Judgment Date: 
24 December 2020
Catchwords: 

PUBLIC LAW - Evidence - Application for a continuing detention order under the Commonwealth Code - Admissibility of various aspects of the evidence relied upon by the plaintiff - Relevance - Whether evidence met requirements of business records exception to hearsay rule - Whether evidence met requirements for admission as expert opinion - Whether evidence should be excluded in exercise of discretion under s 135 of Evidence Act 2008 - Whether Court should limit use of evidence under s 136 of the Act - All challenged items of evidence admissible - No basis for exclusion of any evidence or limitation on its use - Evidence Act 2008 ss 55, 59, 60, 69, 79, 135, 136.

Citation: