R v HG; R v WE (No 5) [2018] NSWSC 1212

R v HG; R v WE (No 5) [2018] NSWSC 1212

The material found on electronic devices connected with the accused was relevant and highly probative of intention and ideology despite the absence of evidence that WE had read or viewed it, and its probative value was clearly high with no relevant danger of misuse or unfair prejudice under s 137 of the Evidence Act 1995 (NSW).

Jurisdiction
Australia
Judgment Date
03 August 2018
Procedural Posture
Criminal Proceeding Involving Charges of Doing Acts in Preparation for a Terrorist Act or Acts / Procedural and Other Ruling on Admissibility of Evidence
Outcome
Evidence admitted
Legal Topics
['relevance' 'probative Value' 'unfair Prejudice' 'terrorism Related Material' 'electronic Devices']
['evidence' 'criminal Law'] ['relevance' 'probative Value' 'unfair Prejudice' 'terrorism Related Material' 'electronic Devices']

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Procedural Posture

Criminal Proceeding Involving Charges of Doing Acts in Preparation for a Terrorist Act or Acts / Procedural and Other Ruling on Admissibility of Evidence

Legal Issues

  1. 1 ['Whether magazines found on electronic devices linked to the accused were relevant where there was no evidence that the accused had read or viewed them.' 'Whether the magazines and footage should be excluded under s 137 of the Evidence Act 1995 (NSW) because their probative value was outweighed by the danger of unfair prejudice.']

Ratio Decidendi

The material found on electronic devices connected with the accused was relevant and highly probative of intention and ideology despite the absence of evidence that WE had read or viewed it, and its probative value was clearly high with no relevant danger of misuse or unfair prejudice under s 137 of the Evidence Act 1995 (NSW).

Court Disposition

Evidence admitted

Orders

  • ['The evidence should be admitted.']