R v Karaali (No 5) [2023] NSWSC 233

R v Karaali (No 5) [2023] NSWSC 233

Mr Chang's opinion about the likelihood of network congestion is within the scope of his expertise due to his training, study, experience, and knowledge of the network. The objection goes to weight, not admissibility, so the prosecutor's question is allowed.

Parties
Crown: Rex; Accused: Abdul Karaali
Jurisdiction
Australia
Judgment Date
27 February 2023
Procedural Posture
Criminal / Interlocutory Evidentiary Ruling During Trial
Outcome
Prosecutor's question to expert witness regarding congestion allowed.
Legal Topics
Expert Evidence, Opinion Evidence Within Expertise
Evidence Expert Evidence Opinion Evidence Within Expertise

Case Brief

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Parties

Rex

Crown

Abdul Karaali

Accused

Procedural Posture

Criminal / Interlocutory Evidentiary Ruling During Trial

Legal Issues

  1. 1 Whether the expert opinion of Mr Chang regarding network congestion is within his expertise and thus admissible

Ratio Decidendi

Mr Chang's opinion about the likelihood of network congestion is within the scope of his expertise due to his training, study, experience, and knowledge of the network. The objection goes to weight, not admissibility, so the prosecutor's question is allowed.

Court Disposition

Prosecutor's question to expert witness regarding congestion allowed.

Orders

  • Objection overruled. Prosecutor's question to Mr Chang is permitted.