R (Cth) v Alqudsi (No 3) [2022] NSWSC 842

R (Cth) v Alqudsi (No 3) [2022] NSWSC 842

The permanent stay was refused because the possible revelation that the accused was in prison or charged with another offence could be addressed by limiting what the jury was told and by directions, and because the proper remedy for prejudicial material was admissibility rulings under the Evidence Act rather than a stay. The impugned factual material concerning Islamic State, the Shura and the Soldier Letter was relevant to the charged s 102.2 offence and any prejudice could be managed by directions. The record of interview required specified deletions and amendments, and transcripts or recordings should not be given to the jury at opening or before evidence is adduced unless the parties...

Jurisdiction
Australia
Judgment Date
24 June 2022
Procedural Posture
Criminal Procedure and Evidence Procedural Rulings / Further Interlocutory Applications Before Trial
Outcome
Stay refused; amendments to the record of interview ordered as set out in the judgment.
Legal Topics
['permanent Stay of Proceedings' 'prejudicial Evidence' 'admissibility of Record of Interview' 'terrorist Organisation Offence' 'jury Access to Transcripts and Recordings' 'agreed Facts']
['criminal Procedure' 'evidence' 'criminal Law'] ['permanent Stay of Proceedings' 'prejudicial Evidence' 'admissibility of Record of Interview' 'terrorist Organisation Offence' 'jury Access to Transcripts and Recordings' 'agreed Facts']

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Procedural Posture

Criminal Procedure and Evidence Procedural Rulings / Further Interlocutory Applications Before Trial

Legal Issues

  1. 1 ['Whether proceedings should be permanently stayed because the accused may be identified as a convicted person or a person serving time in prison.' 'Whether proposed agreed facts and documents concerning Islamic State, the Shura and the Soldier Letter were relevant and admissible.' 'Whether the record of interview and transcripts of telephone intercepts or recordings should be distributed to the jury at the opening or before evidence is adduced.' 'Which challenged questions and answers in the record of interview should be admitted, deleted or amended.']

Ratio Decidendi

The permanent stay was refused because the possible revelation that the accused was in prison or charged with another offence could be addressed by limiting what the jury was told and by directions, and because the proper remedy for prejudicial material was admissibility rulings under the Evidence Act rather than a stay. The impugned factual material concerning Islamic State, the Shura and the Soldier Letter was relevant to the charged s 102.2 offence and any prejudice could be managed by directions. The record of interview required specified deletions and amendments, and transcripts or recordings should not be given to the jury at opening or before evidence is adduced unless the parties...

Court Disposition

Stay refused; amendments to the record of interview ordered as set out in the judgment.

Orders

  • ['Stay refused.' 'Amendments to record of interview to be made as set out in judgment.' 'The record of interview and transcripts of telephone intercepts and recordings should not be distributed to the jury at the opening or before evidence is adduced in proper form unless there is agreement by the accused and/or the...