R v HG; R v We (No 1)

In the case of R v HG; R v We (No 1), the High Court of Australia examined a range of issues concerning the admissibility of evidence in a terrorism-related trial. The two accused, HG and We, faced charges relating to acts in preparation for a terrorist act. The court was required to decide on the admissibility of various pieces of evidence, including admissions made by one of the accused to police, evidence of the accused in company at a prayer room, evidence of the disposal of items, evidence of previous travel to Egypt, and evidence of extremist material found on the mobile telephone and computer of one accused.

The court first addressed the admissibility of admissions made by one of the accused, HG, who was under 18 at the time. The court found that there was no proper and sufficient reason for the absence of an adult during the police interview, and the evidence was excluded in part. The court also considered whether evidence of the accused in company at a prayer room, evidence of disposal of items, and evidence of previous travel to Egypt was relevant and whether its probative value outweighed the danger of unfair prejudice. The court found this evidence relevant and admissible. Furthermore, the court found that evidence of extremist material found on the mobile telephone and computer of one accused was relevant to the state of mind of the accused and was admitted.

The court further addressed the application for a separate trial by the accused. The court found that there was no significant difference in the evidence to be led against the accused, and the application for a separate trial was refused. The court's reasoning was based on the similarity of the evidence against both accused and the lack of significantly different or weaker evidence against one accused. The final orders of the court were that certain evidence was excluded in part, certain evidence was admitted, and the application for a separate trial was refused.