Regina (C'Wealth) v Baladjam & Ors [No 38] [2008] NSWSC 1458

Regina (C'Wealth) v Baladjam & Ors [No 38] [2008] NSWSC 1458

Statements or actions of alleged conspirators not tendered to prove the truth of their contents, but as circumstantial evidence relevant to the existence and scope of the conspiracy, are admissible against all accused and are not confined or excluded by s 87(1)(c) of the Evidence Act 1995. The Evidence Act does not substantially alter the common law position for such non-hearsay circumstantial evidence in conspiracy prosecutions.

Jurisdiction
Australia
Judgment Date
26 August 2008
Procedural Posture
Criminal / Pretrial Evidentiary Ruling
Outcome
Preliminary point dismissed. Orders made as per decision.
Legal Topics
['conspiracy' 'proof of Conspiracy' 'evidence Admissibility' 'hearsay Rule' 'admissions With Authority']
['criminal Law'] ['conspiracy' 'proof of Conspiracy' 'evidence Admissibility' 'hearsay Rule' 'admissions With Authority']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal / Pretrial Evidentiary Ruling

Legal Issues

  1. 1 ['Whether certain conversations and materials can be admitted as evidence against all accused in a conspiracy trial, given the limitations of hearsay and s 87(1)(c) Evidence Act 1995.' "Whether s 87(1)(c) of the Evidence Act 1995 alters the common law position on admissibility of alleged co-conspirators' statements."]

Ratio Decidendi

Statements or actions of alleged conspirators not tendered to prove the truth of their contents, but as circumstantial evidence relevant to the existence and scope of the conspiracy, are admissible against all accused and are not confined or excluded by s 87(1)(c) of the Evidence Act 1995. The Evidence Act does not substantially alter the common law position for such non-hearsay circumstantial evidence in conspiracy prosecutions.

Court Disposition

Preliminary point dismissed. Orders made as per decision.

Orders

  • ['Order 1 in Notice of Motion dated 4 June 2008 made.' 'ASIO excused from producing the documents referred to in each of the five categories set out in the subpoena and call of 13 May 2008.']