R v Khan (No 9) [2019] NSWSC 361

R v Khan (No 9) [2019] NSWSC 361

The photograph is admissible as it is relevant to the accused's mental state and the question of whether the attack was targeted, as stated by the accused during his police interview, notwithstanding that similar evidence is already before the court and that the victim was not wearing the t-shirt at the time of the attack.

Jurisdiction
Australia
Judgment Date
03 April 2019
Procedural Posture
Criminal / Evidentiary Ruling During Trial
Outcome
Evidence admitted
Legal Topics
['evidence' 'relevance' 'terrorism' 'jury Directions']
['criminal Law'] ['evidence' 'relevance' 'terrorism' 'jury Directions']

Case Brief

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Procedural Posture

Criminal / Evidentiary Ruling During Trial

Legal Issues

  1. 1 ["Whether a photograph of the victim wearing a particular t-shirt is admissible as evidence given its relevance to the accused's mental state and the targeting element of the alleged offence"]

Ratio Decidendi

The photograph is admissible as it is relevant to the accused's mental state and the question of whether the attack was targeted, as stated by the accused during his police interview, notwithstanding that similar evidence is already before the court and that the victim was not wearing the t-shirt at the time of the attack.

Court Disposition

Evidence admitted

Orders

  • ['The edited photograph of the victim wearing the t-shirt is admitted into evidence.']