R v J Lucas; R v B Lucas (No 5)

In the case of R v J Lucas; R v B Lucas (No 5), the defendants were prosecuted for drug-related offences. The dispute centred on the admissibility of certain statements made by the defendants, which were sought to be admitted under section 87(1)(c) of the Evidence Act 1995 (NSW). This provision allows for the admission of evidence that is "in furtherance of the common purpose" of two or more persons. The defendants contested the admissibility of the statements on the grounds that they did not sufficiently demonstrate the requisite common purpose.

The court was required to determine whether the representations made by the defendants could be characterised as being in furtherance of a common purpose. This involved a detailed examination of the principles underpinning the co--conspirator’s rule both at common law and under the Evidence Act. The court had to consider whether the statements were made in furtherance of the common purpose and whether the evidence was properly admissible under the statutory provision. The court also needed to assess whether the statements were sufficiently connected to the facts of the case to warrant their admission.

The court found that the representations were indeed made in furtherance of the common purpose and were therefore admissible. The court emphasised that the admissibility of such evidence must be determined on a case-by-case basis, considering the specific facts and context of each statement. The court concluded that the statements were relevant to the case and were properly admitted under the Evidence Act. The defendants' contentions regarding the lack of a common purpose were rejected.

The final orders of the court were that the statements in question were admissible as evidence in the prosecution of the defendants. The trial proceeded with the statements being considered by the jury in determining the guilt or innocence of the defendants.