R v HG; R v WE (No 3) [2018] NSWSC 1210

Supreme Court New South Wales

Medium Neutral Citation: R v HG; R v WE (No 3) [2018] NSWSC 1210 Hearing dates: 3 August 2018 Date of orders: 03 August 2018 Decision date: 03 August 2018 Jurisdiction: Common Law Before: Bellew J Decision: See [11] Catchwords: EVIDENCE – Relevance – Probative value – Danger of unfair prejudice – Accused charged with committing acts in preparation for a terrorist act or acts – Where Crown relied upon evidence of the accused refusing to stand for the National Anthem at a school assembly as evidence going to his intention and ideology – Where Crown sought to lead further evidence of absences from school on days when National Anthem was played – Where Crown case on ideology circumstantial – Necessity to consider circumstantial case as whole – Evidence relevant – No danger of unfair prejudice in the sense of possible misuse by the jury – Evidence admitted Legislation Cited: Evidence Act 1995 (NSW) Cases Cited: Nye v State of NSW [2002] NSWSC 1270 R v Hillier (2007) 228 CLR 618; [2007] HCA 13 R v Privett [2001] NSWCCA 518 Zaknic Pty Ltd v Svelte Corporation Pty Ltd [1995] FCA 1739; (1995) 140 ALR 701 Category: Procedural and other rulings Parties: Regina – Crown HG – Accused WE – Accused Representation: Counsel: I Bourke SC and R Ranken – Crown B Walmsley QC – Accused HG J Trevallion – Accused WE

Solicitors: Director of Public Prosecutions (Cth) – Crown Birchgrove Legal – Accused HG Alexanders Lawyers – Accused WE File Number(s): 2016/3051142016/305103 Publication restriction: Nil