R v HG; R v WE (No 11) [2018] NSWSC 1746

Supreme Court New South Wales

Medium Neutral Citation: R v HG; R v WE (No 11) [2018] NSWSC 1746 Hearing dates: 20 July 2018 Date of orders: 20 July 2018 Decision date: 20 July 2018 Jurisdiction: Common Law Before: Bellew J Decision: See [13] Catchwords: EVIDENCE – Public interest immunity claims – Issues of disclosure – Exclusion of evidence of matters of state – Accused charged with committing acts in preparation for a terrorist act or acts – Where disclosure would be of little forensic value to the accused – Where balancing exercise tended against disclosure – Claims for public interest immunity upheld. Legislation Cited: Crimes (Foreign Incursions and Recruitment) Act 1978 (Cth) Criminal Code 1995 (Cth) Evidence Act 1995 (NSW) Cases Cited: Cain v Glass (No. 2) (1985) 3 NSWLR 230 Conway v Rimmer [1968] AC 910 National Crime Authority v Gould (1989) 90 ALR 489 R v Lodhi [2006] NSWSC 596; (2006) 163 A Crim R 508 R v Meissner (1994) 76 A Crim R 81 Sankey v Whitlam (1978) 142 CLR 1; [1978] HCA 43 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 P Melican - Director General of Security

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