R v Dirani (No. 6) [2018] NSWSC 891

R v Dirani (No. 6) [2018] NSWSC 891

The extremist material and the expert opinion from CIN 1877 are both admissible; each has substantial probative value relevant to the elements of the conspiracy to do acts in preparation for a terrorist act and should not be excluded under ss.135 or 137 of the Evidence Act 1995 (NSW). The expert's evidence is admitted as it is based on specialised knowledge and experience, and the extremist material is highly relevant to prove state of mind and the agreement alleged.

Jurisdiction
Australia
Judgment Date
25 June 2018
Procedural Posture
Criminal / Pretrial Evidentiary Rulings Before Trial on Indictment
Outcome
Pretrial objections by the Accused dismissed; evidence admitted.
Legal Topics
['conspiracy' 'evidentiary Rulings' 'terrorist Offences' 'expert Evidence' 'prejudicial Evidence' 'probative Value' 'opinion Evidence']
['criminal Law'] ['conspiracy' 'evidentiary Rulings' 'terrorist Offences' 'expert Evidence' 'prejudicial Evidence' 'probative Value' 'opinion Evidence']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal / Pretrial Evidentiary Rulings Before Trial on Indictment

Legal Issues

  1. 1 ['Whether to admit expert opinion evidence from CIN 1877 on surveillance/counter-surveillance' 'Whether to admit extremist material in the possession of and communicated by the accused']

Ratio Decidendi

The extremist material and the expert opinion from CIN 1877 are both admissible; each has substantial probative value relevant to the elements of the conspiracy to do acts in preparation for a terrorist act and should not be excluded under ss.135 or 137 of the Evidence Act 1995 (NSW). The expert's evidence is admitted as it is based on specialised knowledge and experience, and the extremist material is highly relevant to prove state of mind and the agreement alleged.

Court Disposition

Pretrial objections by the Accused dismissed; evidence admitted.

Orders

  • ['Crown permitted to adduce opinion evidence from CIN 1877 on surveillance/counter-surveillance.' 'Crown permitted to adduce evidence of extremist material possessed and communicated by the Accused, with jury directions to be considered.']