R v HG; R v WE (No 1) [2019] NSWSC 573

Supreme Court New South Wales

Medium Neutral Citation: R v HG; R v WE (No 1) [2019] NSWSC 573 Hearing dates: 16 July; 18 July; 19 July; 20 July; 23 July; 24 July 2018 Date of orders: 24 July 2018 Decision date: 24 July 2018 Jurisdiction: Common Law Before: Bellew J Decision: See [79]; [93]; [99]; [104]; [122]; [130]; [149] Catchwords: EVIDENCE – Where two accused charged with doing acts in preparation for a terrorist act – Admissions made by one of the accused to police – Where that accused was under the age of 18 at the time – Where those admissions were made in the absence of an adult – Whether there was a proper and sufficient reason for the absence of an adult – No proper and sufficient reason – Opportunity for police to have an adult present – Where police encouraged the making of the statements by the offender in the absence of an adult – Evidence excluded in part

EVIDENCE – Where two accused charged with doing acts in preparation for a terrorist act – Where Crown sought to lead evidence of the accused in company at a prayer room shortly prior to their arrest – Whether evidence relevant – Whether if relevant evidence should be excluded on the basis that its probative value was outweighed by the danger of unfair prejudice – Evidence admitted

EVIDENCE – Where two accused charged with doing acts in preparation for a terrorist act – Evidence of disposal of items by the two accused at the time of doing such acts – Whether evidence relevant – Evidence admitted

EVIDENCE – Where two accused charged with doing acts in preparation for a terrorist act – Where Crown sought to lead evidence against one accused of his presence at a previous unrelated protest holding a sign promoting violent ideology – Whether evidence relevant – Whether evidence should be excluded on the basis that its probative value was outweighed by the danger of unfair prejudice – Evidence relevant to the accused's extremist ideology – Evidence admitted