R v WE (No.4) [2019] NSWSC 893

R v WE (No.4) [2019] NSWSC 893

The evidence objected to—namely, the photograph on HG's device, the statement made by HG post-arrest, and the accused's refusal to stand for the national anthem—are all relevant to proving the existence and ideology underlying the alleged agreement between the accused and HG, and their joint responsibility. There is no unfair prejudice that would warrant exclusion under s 137 of the Evidence Act 1995 (NSW).

Jurisdiction
Australia
Judgment Date
15 July 2019
Procedural Posture
Criminal / Evidentiary Ruling During Trial
Outcome
Objections dismissed; evidence admitted.
Legal Topics
['evidence' 'relevance of Evidence' 'extremist Ideology' 'joint Criminal Responsibility']
['criminal Law'] ['evidence' 'relevance of Evidence' 'extremist Ideology' 'joint Criminal Responsibility']

Case Brief

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Procedural Posture

Criminal / Evidentiary Ruling During Trial

Legal Issues

  1. 1 ["Whether the photograph on HG's phone is relevant and admissible against the accused" 'Whether statements made by co-accused HG at the time of his arrest are relevant and admissible' 'Whether refusal to stand for the national anthem is relevant as evidence of extremist ideology']

Ratio Decidendi

The evidence objected to—namely, the photograph on HG's device, the statement made by HG post-arrest, and the accused's refusal to stand for the national anthem—are all relevant to proving the existence and ideology underlying the alleged agreement between the accused and HG, and their joint responsibility. There is no unfair prejudice that would warrant exclusion under s 137 of the Evidence Act 1995 (NSW).

Court Disposition

Objections dismissed; evidence admitted.

Orders

  • ['The photograph evidence is admitted for the Crown.' 'The post-arrest statement by HG is admitted.' 'The evidence regarding refusal to stand for the national anthem is admitted.']