R v Khan (No 7) [2019] NSWSC 350

R v Khan (No 7) [2019] NSWSC 350

The publications had high probative value because their themes were consistent with the accused's statement to police that his purpose was "to kill and be killed" and were relevant to the sole issue of his state of mind, including the competing medical opinions to be adduced. That probative value was not substantially outweighed by any danger that the evidence might be misleading or confusing or cause an undue waste of time, because the publications' contents and philosophies were clear, unequivocal, and consistent with the accused's expressed philosophy, and nothing required the jury to read the entirety of the material line by line.

Jurisdiction
Australia
Judgment Date
02 April 2019
Procedural Posture
Criminal Proceeding; Evidence Admissibility Ruling / Crown Sought to Tender Three Publications Found on the Accused's Laptop Computer and Mobile Phone
Outcome
Evidence admitted
Legal Topics
['admissibility of Evidence' 'probative Value' 'misleading or Confusing Evidence' 'undue Waste of Time' "accused's State of Mind" 'terrorist Act Charge']
['criminal Law' 'evidence'] ['admissibility of Evidence' 'probative Value' 'misleading or Confusing Evidence' 'undue Waste of Time' "accused's State of Mind" 'terrorist Act Charge']

Case Brief

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Procedural Posture

Criminal Proceeding; Evidence Admissibility Ruling / Crown Sought to Tender Three Publications Found on the Accused's Laptop Computer and Mobile Phone

Legal Issues

  1. 1 ["Whether the probative value of three publications found on the accused's computer and phone was substantially outweighed by the danger that the evidence might be misleading or confusing." 'Whether admission of the publications might cause or result in an undue waste of time.' "Whether the publications were probative of the accused's state of mind at the time of his attack on Mr Greenhalgh."]

Ratio Decidendi

The publications had high probative value because their themes were consistent with the accused's statement to police that his purpose was "to kill and be killed" and were relevant to the sole issue of his state of mind, including the competing medical opinions to be adduced. That probative value was not substantially outweighed by any danger that the evidence might be misleading or confusing or cause an undue waste of time, because the publications' contents and philosophies were clear, unequivocal, and consistent with the accused's expressed philosophy, and nothing required the jury to read the entirety of the material line by line.

Court Disposition

Evidence admitted

Orders

  • ['The evidence will be admitted.']