Van Tongeren , Van Blitterswyk v The Queen

In *Van Tongeren, Van Blitterswyk v The Queen*, the High Court of Australia considered an appeal against a conviction for conspiracy to import a prohibited import contrary to s 233B(1)(b) of the *Customs Act 1901* (Cth). The appellants, Van Tongeren and Van Blitterswyk, were convicted in the Supreme Court of Victoria following a trial by jury.

The central legal issue before the High Court was whether the trial judge had erred in law by admitting evidence of certain conversations that had occurred between the appellants and a third party, Mr. Van der Meer, who had pleaded guilty to the conspiracy charge prior to the appellants' trial. The appellants argued that these conversations were inadmissible hearsay and that their admission prejudiced their defence, leading to a miscarriage of justice.

The High Court, by majority, held that the conversations were admissible. The majority reasoned that the statements made by Mr. Van der Meer were not being relied upon to prove the truth of their contents, but rather to demonstrate the existence of a conspiracy and the appellants' participation in it. The statements were part of the res gestae, inextricably linked to the commission of the offence, and thus admissible as original evidence. The court affirmed that where statements are offered to prove that a conspiracy existed and that the accused were parties to it, they are not hearsay.

The appeal was dismissed.