When multiple Crown evidence rulings are challenged together under s 5F(3A) of the Criminal Appeal Act 1912 (NSW), the court assesses the cumulative effect of all erroneous rulings rather than each ruling individually. Intercepted communications involving co-conspirators remain relevant to proof of conspiracy even where the accused was not a party to the communication or was not yet a member of the conspiracy at the time. Evidence relevant to one conspiracy may also be relevant to a related conspiracy where the Crown case links the two.
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