R v Droudis (No. 10) [2016] NSWSC 1305

R v Droudis (No. 10) [2016] NSWSC 1305

The photographs were admissible because there was a sufficient nexus between the Accused and the photographs: they were taken on a Sony mobile phone seized from the Accused, found on a USB at the Belmore address of the Accused's family, taken in premises occupied by Monis and the Accused in 2014, and appeared inconsistent with being selfies. The weight and conclusions to be drawn from them were matters for consideration in the totality of the Crown's circumstantial case.

Jurisdiction
Australia
Judgment Date
13 September 2016
Procedural Posture
Judge Alone Trial for Murder / Procedural Ruling on the Crown's Tender of Photographs (mfi36)
Outcome
Photographs (MFI36) admitted into evidence.
Legal Topics
['admissibility of Evidence' 'circumstantial Evidence' 'sufficient Nexus With Accused' 'motive, Relationship, State of Mind and Tendency Evidence']
['criminal Law' 'evidence'] ['admissibility of Evidence' 'circumstantial Evidence' 'sufficient Nexus With Accused' 'motive, Relationship, State of Mind and Tendency Evidence']

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Procedural Posture

Judge Alone Trial for Murder / Procedural Ruling on the Crown's Tender of Photographs (mfi36)

Legal Issues

  1. 1 ["Whether seven photographs of Man Monis wearing a headband with extreme religious content should be admitted into evidence despite the Accused's objection that there was an insufficient nexus between the photographs and the Accused."]

Ratio Decidendi

The photographs were admissible because there was a sufficient nexus between the Accused and the photographs: they were taken on a Sony mobile phone seized from the Accused, found on a USB at the Belmore address of the Accused's family, taken in premises occupied by Monis and the Accused in 2014, and appeared inconsistent with being selfies. The weight and conclusions to be drawn from them were matters for consideration in the totality of the Crown's circumstantial case.

Court Disposition

Photographs (MFI36) admitted into evidence.

Orders

  • ['The photographs (MFI36) are admitted into evidence.']