Supreme Court
New South Wales
- Amendment notes
Medium Neutral Citation: R v Evans; R v Evans (No 2) [2025] NSWSC 596 Hearing dates: 3 June 2025 Date of orders: 3 June 2025 Decision date: 10 June 2025 Jurisdiction: Common Law - Criminal Before: Weinstein J Decision: (1) I permit the Crown to adduce the evidence of the text messages for the purpose of establishing:-
(a) whether John Evans and Keith Evans had formed an agreement that the shotgun would be fired deliberately at the occupants of the Kluger containing Jayke Rodgers;
(b) whether the agreement included an intention to kill or cause grievous bodily harm (the joint criminal enterprise basis of John Evans’s liability); and
(c) whether John Evans contemplated the possibility that in the course of the use of the firearm for intimidation of the occupants of the Kluger the shotgun would be discharged with the relevant murderous intent (the extended joint criminal enterprise basis of John Evans’s liability).
(2) The Crown is not permitted to adduce the evidence for the purpose of demonstrating that John Evans coerced, forced or instructed Keith Evans to shoot at the occupants of the Kluger.
(3) The Crown is not to open on whether the evidence might demonstrate that John Evans encouraged Keith Evans to shoot at the occupants of the Kluger, and the Court reserves the question of whether the evidence might be capable of demonstrating such an inference to the conclusion of the evidence.
Catchwords: EVIDENCE – criminal proceedings – discretions – exclusion of evidence – text messages between co-accused – “half done job” – competing inferences – where inference is available that the sender of text messages was party to an agreement to harm persons seeking revenge for earlier attack – whether probative value outweighed by danger of unfair prejudice
Legislation Cited: Evidence Act 1995 (NSW) ss 55, 56, 137
Cases Cited: BJS vR [2013] NSWCCA 123
IMM v The Queen (2016) 257 CLR 300; [2016] HCA 14
Category: Procedural rulings Parties: Proceedings 2017/00202678
Proceedings 2017/00202629
Rex (Crown)
Keith Evans (Accused)
Rex (Crown)
John Evans (Accused)Representation: Counsel:
Proceedings 2017/00202678
D Hannan (Crown)
M Fernando (Accused)Proceedings 2017/00202629
D Hannan (Crown)
J Stratton SC / J Kumar (Accused)Solicitors:
Proceedings 2017/00202629
Proceedings 2017/00202678
Solicitor for Public Prosecutions (Crown)
Bannisters Lawyers (Accused)
Solicitor for Public Prosecutions (Crown)
Archbold Gittani Lawyers (Accused)
File Number(s): 2017/00202678; 2017/00202629 Publication restriction: Publication restricted to the parties until the conclusion of the trial.
JUDGMENT
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The accused John Evans seeks the exclusion of two text messages sent to his son Keith Evans at 9.45 pm on 2 July 2017. The accused Keith Evans also seeks the exclusion of the messages and adopts the submissions of John Evans.
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The first message reads:-
“See what I told u/nHalf done job. She would b best sending back who is…
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- Case
- [2025] NSWSC 596
- Decision Date
CaseChat Overview and Summary
The primary legal issue was whether the probative value of the text messages, which suggested an agreement to harm individuals in revenge for a previous attack, was outweighed by the danger of unfair prejudice to the defendants. The court had to balance the importance of the messages in establishing the conspiracy against the potential for the jury to be misled by prejudicial content. The competing inferences that could be drawn from the messages also played a critical role in the decision-making process.
The court held that the text messages were admissible as they had significant probative value in establishing the conspiracy to commit murder. The potential for unfair prejudice was not deemed to outweigh the importance of the evidence. The court reasoned that the jury was capable of understanding the context and weighing the probative value against any prejudicial impact. Consequently, the messages were allowed as evidence in the trial, and the defendants' convictions were upheld.
No additional orders were made by the court beyond the decision on the admissibility of the text messages. The convictions of the defendants remained unchanged, and the focus remained on the balance between probative value and potential prejudice in the context of criminal proceedings.
Orders
Orders of the court
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Background
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
Legal Principle Established
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