R v HG; R v WE (No 7) [2018] NSWSC 1277

R v HG; R v WE (No 7) [2018] NSWSC 1277

Items (iii), (v) and (vii) were relevant and admissible because their references to matters such as "smelling the musk on our loved ones", "destruction of the worshippers of the cross and idols" and "destruction … of the worshippers of rulers, scholars of evil and money" had significant probative value on the Crown case that HG had an extremist ideology, and the matters relied on by HG did not show that the probative value was outweighed by any danger of unfair prejudice or that the jury would engage in impermissible reasoning.

Jurisdiction
Australia
Judgment Date
09 August 2018
Procedural Posture
Criminal Proceeding Concerning a Charge of Doing an Act or Acts in Preparation for a Terrorist Act or Acts / Procedural Evidentiary Ruling on Admissibility of Documents Tendered by the Crown
Outcome
Documents numbered (iii), (v) and (vii) were admitted; HG's s 137 objection was rejected.
Legal Topics
['admissibility of Evidence' 'probative Value' 'unfair Prejudice' 'terrorism Related Offence' 'extremist Ideology']
['criminal Law' 'evidence'] ['admissibility of Evidence' 'probative Value' 'unfair Prejudice' 'terrorism Related Offence' 'extremist Ideology']

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Procedural Posture

Criminal Proceeding Concerning a Charge of Doing an Act or Acts in Preparation for a Terrorist Act or Acts / Procedural Evidentiary Ruling on Admissibility of Documents Tendered by the Crown

Legal Issues

  1. 1 ['Whether notes found in the possession of the accused HG in custody some weeks after his arrest were admissible in the Crown case against him.' 'Whether the probative value of the notes was outweighed by the danger of unfair prejudice under s 137 of the Evidence Act 1995 (NSW).']

Ratio Decidendi

Items (iii), (v) and (vii) were relevant and admissible because their references to matters such as "smelling the musk on our loved ones", "destruction of the worshippers of the cross and idols" and "destruction … of the worshippers of rulers, scholars of evil and money" had significant probative value on the Crown case that HG had an extremist ideology, and the matters relied on by HG did not show that the probative value was outweighed by any danger of unfair prejudice or that the jury would engage in impermissible reasoning.

Court Disposition

Documents numbered (iii), (v) and (vii) were admitted; HG's s 137 objection was rejected.

Orders

  • ['The documents numbered (iii), (v) and (vii) are admissible.']