R v Bushell; R v Tozer (No 15) [2023] NSWSC 1451

R v Bushell; R v Tozer (No 15) [2023] NSWSC 1451

The recordings of 26 and 27 July 2018 are admitted as evidence, subject to the exclusion of any parts found to be unfairly prejudicial or irrelevant, particularly those touching on the right to silence or containing irrelevant and prejudicial material about possession of weapons and terrorism, with appropriate jury directions to address any remaining prejudice.

Jurisdiction
Australia
Judgment Date
17 August 2023
Procedural Posture
Criminal / Procedural Ruling on Admissibility of Evidence
Outcome
Audio recordings of 26 July 2018 and 27 July 2018 are admitted, subject to certain exclusions.
Legal Topics
['admissibility of Audio Recordings' 'unfair Prejudice' 's 137 Evidence Act 1995 (nsw)' 'jury Directions']
['evidence' 'criminal Law'] ['admissibility of Audio Recordings' 'unfair Prejudice' 's 137 Evidence Act 1995 (nsw)' 'jury Directions']

Case Brief

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Procedural Posture

Criminal / Procedural Ruling on Admissibility of Evidence

Legal Issues

  1. 1 ['Whether specific audio recordings should be admitted into evidence' 'Whether particular passages are unfairly prejudicial under ss 135 and 137 Evidence Act 1995 (NSW)' 'Appropriateness of providing transcripts for inaudible recordings']

Ratio Decidendi

The recordings of 26 and 27 July 2018 are admitted as evidence, subject to the exclusion of any parts found to be unfairly prejudicial or irrelevant, particularly those touching on the right to silence or containing irrelevant and prejudicial material about possession of weapons and terrorism, with appropriate jury directions to address any remaining prejudice.

Court Disposition

Audio recordings of 26 July 2018 and 27 July 2018 are admitted, subject to certain exclusions.

Orders

  • ['The surveillance device audio recordings of 26 July 2018 and 27 July 2018 are admitted, subject to the exclusion or redaction of specified passages as outlined in the judgment.']