R v WE (No.13) [2020] NSWSC 225

R v WE (No.13) [2020] NSWSC 225

The content of non-extremist material accessed by the accused, though relevant, is of low probative value in relation to the accused's intention and can be established by schedule summaries. Admitting the content would substantially prolong the trial, causing undue waste of time. The probative value is substantially outweighed by the danger of wasting court resources, justifying exclusion under s 135(c) Evidence Act 1995 (NSW).

Jurisdiction
Australia
Judgment Date
13 March 2020
Procedural Posture
Criminal / Mid Trial Evidentiary Ruling
Outcome
Evidence excluded
Legal Topics
['evidence' 'preparation for Terrorist Acts' 'probative Value' 'section 135(c) Exclusion']
['criminal Law'] ['evidence' 'preparation for Terrorist Acts' 'probative Value' 'section 135(c) Exclusion']

Case Brief

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Procedural Posture

Criminal / Mid Trial Evidentiary Ruling

Legal Issues

  1. 1 ['Whether the content of non-extremist electronic material accessed by the accused should be admitted as evidence' 'Whether the probative value of the evidence is substantially outweighed by the danger of undue waste of time under s 135(c) Evidence Act 1995 (NSW)']

Ratio Decidendi

The content of non-extremist material accessed by the accused, though relevant, is of low probative value in relation to the accused's intention and can be established by schedule summaries. Admitting the content would substantially prolong the trial, causing undue waste of time. The probative value is substantially outweighed by the danger of wasting court resources, justifying exclusion under s 135(c) Evidence Act 1995 (NSW).

Court Disposition

Evidence excluded

Orders

  • ['The proposed tender of the video evidence is rejected in exercise of s 135(c) Evidence Act 1995 (NSW).' 'Schedule summaries of the content may be admitted subject to further argument.']