Regina (C'Wealth) v Baladjam & Ors [No 11] [2008] NSWSC 1436

Regina (C'Wealth) v Baladjam & Ors [No 11] [2008] NSWSC 1436

The camping trip evidence was relevant and admissible because it was capable of forming an important part of the Crown's circumstantial case that the alleged conspirators clandestinely selected remote locations for association, bonding and physical activities including use of firearms, bearing on the physical and fault elements of the charged conspiracy. The evidence was admissible against Touma despite his absence from the first camp because it could show the nature and scope of the conspiracy and, subject to the overall evidence, participation by his alleged partners in crime. Its probative value was not outweighed by any unfair prejudice under s 137, and the Crown could submit that the...

Jurisdiction
Australia
Judgment Date
16 April 2008
Procedural Posture
Criminal Prosecution for Conspiracy to Do an Act or Acts in Preparation for a Terrorist Act or Acts / Applications to Exclude Evidence of Two 2005 Camping Trips
Outcome
Applications to exclude the camping trip evidence were refused; evidence of the camping trips was allowed.
Legal Topics
['conspiracy' 'relevance' 'admissibility of Circumstantial Evidence' "co Conspirators' Rule" 'unfair Prejudice' 'evidence Act 1995 S 56' 'evidence Act 1995 S 137']
['criminal Law' 'evidence'] ['conspiracy' 'relevance' 'admissibility of Circumstantial Evidence' "co Conspirators' Rule" 'unfair Prejudice' 'evidence Act 1995 S 56' 'evidence Act 1995 S 137']

Case Brief

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Procedural Posture

Criminal Prosecution for Conspiracy to Do an Act or Acts in Preparation for a Terrorist Act or Acts / Applications to Exclude Evidence of Two 2005 Camping Trips

Legal Issues

  1. 1 ['Whether evidence of two 2005 camping trips was relevant and admissible against the accused as part of the Crown circumstantial case.' 'Whether evidence relating to the Curranyalpa trip was admissible against Touma although he did not attend that camp.' 'Whether the evidence should be excluded under s 137 of the Evidence Act 1995 because its probative value was outweighed by the risk of unfair prejudice.' 'Whether the Crown should be permitted to submit to the jury that the trips were training camps or involved training.']

Ratio Decidendi

The camping trip evidence was relevant and admissible because it was capable of forming an important part of the Crown's circumstantial case that the alleged conspirators clandestinely selected remote locations for association, bonding and physical activities including use of firearms, bearing on the physical and fault elements of the charged conspiracy. The evidence was admissible against Touma despite his absence from the first camp because it could show the nature and scope of the conspiracy and, subject to the overall evidence, participation by his alleged partners in crime. Its probative value was not outweighed by any unfair prejudice under s 137, and the Crown could submit that the...

Court Disposition

Applications to exclude the camping trip evidence were refused; evidence of the camping trips was allowed.

Orders

  • ['Evidence of the camping trips may be admitted against the accused generally and specifically against Touma and Khaled Cheikho.' 'The evidence does not require exclusion under s 137 of the Evidence Act 1995.' 'The Crown is not curtailed from suggesting to the jury that the trips might be regarded as training camps.']