R v Khan (No 6) [2019] NSWSC 349
The September 11 footage accessed by the accused the day before the attack was highly probative of his mental state, going to the only fact in issue—the presence or absence of disordered or psychotic thought. Its evidential value outweighed any risk of unfair prejudice because the possibility of emotive response could be properly addressed by judicial direction. The evidence was thus admissible under s 137 of the Evidence Act 1995 (NSW).
- Jurisdiction
- Australia
- Judgment Date
- 02 April 2019
- Procedural Posture
- Criminal / Evidentiary Ruling (application to Admit Evidence at Trial)
- Outcome
- Evidence admitted
- Legal Topics
- ['evidence' 'admissibility' 'unfair Prejudice' 'probative Value' 'mental Illness Defence' 'terrorism Offences']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Criminal / Evidentiary Ruling (application to Admit Evidence at Trial)
Legal Issues
- 1 ['Whether footage of the September 11 attacks accessed by the accused is admissible under s 137 of the Evidence Act 1995 (NSW) given the alleged danger of unfair prejudice outweighing probative value']
Ratio Decidendi
The September 11 footage accessed by the accused the day before the attack was highly probative of his mental state, going to the only fact in issue—the presence or absence of disordered or psychotic thought. Its evidential value outweighed any risk of unfair prejudice because the possibility of emotive response could be properly addressed by judicial direction. The evidence was thus admissible under s 137 of the Evidence Act 1995 (NSW).
Court Disposition
Evidence admitted
Orders
- ['The September 11 attacks footage is admitted into evidence.']
Full Case Text
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