R v Droudis (No. 9) [2016] NSWSC 1299

R v Droudis (No. 9) [2016] NSWSC 1299

The letter was relevant because it formed part of the Crown's evidence of an ongoing emotional and religious relationship between the Accused and Man Monis before and after the killing, bearing on issues including motive and state of mind, and was not too remote merely because it was written in April 2014.

Jurisdiction
Australia
Judgment Date
12 September 2016
Procedural Posture
Criminal Judge Alone Trial for Murder / Procedural Ruling on Crown Tender of Evidence
Outcome
Letter dated 22 April 2014 from Accused to Man Monis admitted.
Legal Topics
['relevance' 'tender of Letter' 'relationship Evidence' 'motive' 'state of Mind' 'tendency Evidence']
['criminal Law' 'evidence'] ['relevance' 'tender of Letter' 'relationship Evidence' 'motive' 'state of Mind' 'tendency Evidence']

Case Brief

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Procedural Posture

Criminal Judge Alone Trial for Murder / Procedural Ruling on Crown Tender of Evidence

Legal Issues

  1. 1 ['Whether a letter dated 22 April 2014 from the Accused to Man Monis, written more than one year after the killing, was relevant and admissible in the murder trial.']

Ratio Decidendi

The letter was relevant because it formed part of the Crown's evidence of an ongoing emotional and religious relationship between the Accused and Man Monis before and after the killing, bearing on issues including motive and state of mind, and was not too remote merely because it was written in April 2014.

Court Disposition

Letter dated 22 April 2014 from Accused to Man Monis admitted.

Orders

  • ['The Crown is allowed to tender the letter of 22 April 2014 from the Accused to Man Monis.']