R v J Lucas; R v B Lucas [2022] NSWSC 1807

R v J Lucas; R v B Lucas [2022] NSWSC 1807

The downloads by Joshua Lucas of right-wing extremist material were relevant to his interest in, and perhaps approval of, that ideology and therefore probative of his state of mind when he allegedly entered into an agreement with Benjamin Lucas for the purposes of count 3. The downloads were not intended assertions by Joshua Lucas and therefore were not representations engaging the hearsay rule. Relevance was not confined to the precise dates pleaded in count 3, and commonality of downloaded material between the two accused was not determinative.

Jurisdiction
Australia
Judgment Date
18 February 2022
Procedural Posture
Criminal Procedural Ruling on Admissibility of Evidence / Voir Dire and Pre Trial Objection Before Jury Trial
Outcome
Evidence admitted
Legal Topics
['admissibility of Evidence' 'hearsay' 'relevance' 'joint Commission' 'terrorism Offences' 'state of Mind']
['evidence' 'criminal Law'] ['admissibility of Evidence' 'hearsay' 'relevance' 'joint Commission' 'terrorism Offences' 'state of Mind']

Case Brief

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Procedural Posture

Criminal Procedural Ruling on Admissibility of Evidence / Voir Dire and Pre Trial Objection Before Jury Trial

Legal Issues

  1. 1 ['Whether alleged downloads of right-wing extremist material by Joshua Lucas were admissible in the Crown case against Benjamin Lucas on a count alleging joint commission.' "Whether Joshua Lucas's downloads should be characterised as inferred representations of his state of mind so as to engage the hearsay rule." 'Whether downloads outside the date parameters of the count against Benjamin Lucas could be relevant to proving that count.' 'Whether commonality between the material accessed by Joshua Lucas and Benjamin Lucas was necessary for admissibility.']

Ratio Decidendi

The downloads by Joshua Lucas of right-wing extremist material were relevant to his interest in, and perhaps approval of, that ideology and therefore probative of his state of mind when he allegedly entered into an agreement with Benjamin Lucas for the purposes of count 3. The downloads were not intended assertions by Joshua Lucas and therefore were not representations engaging the hearsay rule. Relevance was not confined to the precise dates pleaded in count 3, and commonality of downloaded material between the two accused was not determinative.

Court Disposition

Evidence admitted

Orders

  • ['The downloads undertaken by Joshua Lucas are relevant and, subject to other aspects that may be agitated separately, admissible against Benjamin Lucas to prove a state of mind on the part of Joshua Lucas.']