R v Droudis (No. 13) [2016] NSWSC 1350

Supreme Court New South Wales

Medium Neutral Citation: R v Droudis (No. 13) [2016] NSWSC 1350 Hearing dates: 8 August 2016, 9 August 2016, 10 August 2016 Date of orders: 12 August 2016 Decision date: 26 September 2016 Jurisdiction: Common Law - Criminal Before: Johnson J Decision: The tendered evidence is admitted in the trial for non-tendency and tendency purposes as contained in this judgment. Catchwords: CRIMINAL LAW – Judge-alone trial for murder - pretrial hearing - tender of evidence by Crown for tendency and non-tendency purposes - objection to tender of evidence - Accused charged with murder of ex-wife of Man Monis in April 2013 - Accused in relationship with Monis at the time of killing - Crown case that Accused killed deceased at behest of Monis - Crown tender of evidence of acts allegedly performed by Accused at behest of Monis during their relationship since 2008 - Accused appearing in extremist videos and communicating in offensive way with relatives of deceased Australian servicemen - Accused protesting at behest of Monis - Crown case that Accused and Monis wished to kill ex-wife to obtain custody of Monis' children to permit creation of family unit - whether evidence relevant for non-tendency purposes including relationship between Monis and Accused, motive and state of mind of Accused - whether evidence may be used as tendency evidence - suggested tendency of Accused to act at behest of Monis in a variety of ways - assessment of prejudicial effect under ss.101(2) and 137 Evidence Act 1995 for the purpose of a Judge-alone trial - evidence allowed for non-tendency and tendency purposes Legislation Cited: Children (Criminal Proceedings) Act 1987 Criminal Procedure Act 1986 Evidence Act 1995 Criminal Code (Cth) Cases Cited: Aravena v R [2015] NSWCCA 288 Arthurs v State of Western Australia [2007] WASC 182 Attorney General for NSW v John Fairfax & Sons Limited and Bacon (1985) 6 NSWLR 695 BC v R [2015] NSWCCA 327 BJS v R [2013] NSWCCA 123; 231 A Crim R 537 at 549-550 [51] DAO v R [2011] NSWCCA 63; 81 NSWLR 568 De Gruchy v The Queen [2002] HCA 33; 211 CLR 85 Director of Public Prosecutions (NSW) v Wililo [2012] NSWSC 713; 222 A Crim R 106 DSJ v R; NS v R [2012] NSWCCA 9; 84 NSWLR 758 Dyldam Developments Pty Limited v Jones [2008] NSWCA 56 Elomar v R [2014] NSWCCA 303; 316 ALR 206 Filippou v The Queen [2015] HCA 29; 256 CLR 47 Hughes v R [2015] NSWCCA 330 IMM v The Queen [2016] HCA 14; 90 ALJR 529 Monis v The Queen; Droudis v The Queen [2013] HCA 4; 249 CLR 92 Papakosmas v The Queen [1999] HCA 37; 196 CLR 297 R v Burton [2013] NSWCCA 335; 237 A Crim R 238 R v Clark [2001] NSWCCA 494; 123 A Crim R 506 R v Fairbairn [2011] ACTSC 78; 212 A Crim R 32 R v Ford [2009] NSWCCA 306; 201 A Crim R 451 R v Gencay [2002] ACTSC 114 R v Gittany (No. 2) [2013] NSWSC 1599 R v Lockyer (1996) 89 A Crim R 457 R v Ravindran (No. 2) [2013] NSWSC 1056 R v Simmons; R v Moore (No. 4) [2015] NSWSC 259 Redman v R [2015] NSWCCA 110 Sokolowskyj v R [2014] NSWCCA 55; 239 A Crim R 528 Victoria v Australian Building Construction Employees' and Builders Labourers' Federation [1982] HCA 31; 152 CLR 25 Texts Cited: --- Category: Procedural and other rulings Parties: Regina (Crown) Amirah Droudis (Accused) Representation: Counsel: Mr M Tedeschi QC; Mr DT Scully (Crown) Mr MJ Ierace SC; Mr RJ Wilson (Accused)