Regina (C'Wealth) v Baladjam & Ors [No 7] [2008] NSWSC 756

Regina (C'Wealth) v Baladjam & Ors [No 7] [2008] NSWSC 756

The evidence of LeT training and identification evidence is admissible against Moustafa Cheikho, as it is relevant to facts in issue and its probative value is not outweighed by unfair prejudice. However, the evidence is not admissible against the other accused as there is insufficient evidence that Moustafa Cheikho's training was a resource used in furtherance of the conspiracy by others.

Jurisdiction
Australia
Judgment Date
15 April 2008
Procedural Posture
Criminal / Pre Trial Ruling on Admissibility of Evidence
Outcome
Evidence of LeT training and identification evidence admitted against Moustafa Cheikho; not admitted against other accused at this stage.
Legal Topics
['admissibility of Evidence' 'relevance' 'identification Evidence' 'conspiracy' 'terrorism Offences']
['criminal Law'] ['admissibility of Evidence' 'relevance' 'identification Evidence' 'conspiracy' 'terrorism Offences']

Case Brief

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Procedural Posture

Criminal / Pre Trial Ruling on Admissibility of Evidence

Legal Issues

  1. 1 ['Whether evidence of LeT training is admissible against Moustafa Cheikho' 'Whether identification evidence should be excluded under s 137 of the Evidence Act 1995' 'Whether the LeT training evidence is admissible against all accused as a resource to the conspiracy']

Ratio Decidendi

The evidence of LeT training and identification evidence is admissible against Moustafa Cheikho, as it is relevant to facts in issue and its probative value is not outweighed by unfair prejudice. However, the evidence is not admissible against the other accused as there is insufficient evidence that Moustafa Cheikho's training was a resource used in furtherance of the conspiracy by others.

Court Disposition

Evidence of LeT training and identification evidence admitted against Moustafa Cheikho; not admitted against other accused at this stage.

Orders

  • ['The evidence of LeT training by Abood Absud and the identification evidence to be led against Moustafa Cheikho is admitted.' 'At this stage, the evidence is not to be admitted against the other accused.']