R v WE (No.13) [2020] NSWSC 225

Supreme Court New South Wales

Medium Neutral Citation: R v WE (No.13) [2020] NSWSC 225 Hearing dates: 12 March 2020 Date of orders: 13 March 2020 Decision date: 13 March 2020 Jurisdiction: Common Law Before: Bellew J Decision: Evidence excluded Catchwords: CRIMINAL LAW – Evidence – Accused charged with doing acts in preparation for a terrorist act or acts – Where accused sought to tender evidence of a large volume of material found on electronic devices including pornographic video footage – Assessment of probative value – Whether probative value of the evidence was substantially outweighed by the danger that the evidence might cause or result in undue waste of time – Evidence excluded Legislation Cited: Criminal Code Act 1995 (Cth) Evidence Act 1995 (NSW) Cases Cited: Attorney-General v Hitchcock (1847) 11 Jur 478 Australian Securities and Investments Commission v Rich & Ors (2005) 218 ALR 764; [2005] NSWCA 152 Cadbury-Schweppes Pty Limited v Darrell Lea Chocolate Shops Pty Limited (2007) 159 FCR 397; [2007] FCAFC 70 DF Lyons Pty Limited v Commonwealth Bank of Australia (1991) 28 FCR 597 Koninklijke Phillips Electronics NV v Remington Products Australia Pty Limited (2000) 100 FCR 90; [2000] FCA 876 R v Taylor [2003] NSWCCA 194 Seven Network Limited v News Limited (No. 8) (2005) 224 ALR 317; [2005] FCA 1348 Welsh v Carnival PLC Trading as Carnival Australia (No. 4) [2016] NSWSC 1296 Texts Cited: Evidence: Its History and Policies, 1991, Julius Stone pages 60-62 Category: Procedural and other rulings Parties: Regina – Crown WE – Accused Representation: Counsel: P McGuire SC and B Anniwell – Crown M Finnane QC – Accused