R v Khan (No 8) [2019] NSWSC 351
The article's probative value on the sole issue of the accused's mental state was low, while there was a clear danger of unfair prejudice arising from its references to prosecution submissions for the death penalty and from irrelevant comments by other persons. The Crown's tender was therefore rejected.
- Jurisdiction
- Australia
- Judgment Date
- 02 April 2019
- Procedural Posture
- Criminal Law Evidence Ruling / Crown Tender of Article During Trial
- Outcome
- Evidence excluded
- Legal Topics
- ['terrorist Act' 'admissibility of Evidence' 'probative Value' 'unfair Prejudice' 'misleading or Confusing Evidence']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Criminal Law Evidence Ruling / Crown Tender of Article During Trial
Legal Issues
- 1 ["Whether an internet news article found bookmarked on the accused's computer should be admitted into evidence." 'Whether the probative value of the article was substantially outweighed by the danger that it might be misleading or confusing under s 135(b) of the Evidence Act 1995 (NSW).' 'Whether the probative value of the article was outweighed by the danger of unfair prejudice to the accused under s 137 of the Evidence Act 1995 (NSW).']
Ratio Decidendi
The article's probative value on the sole issue of the accused's mental state was low, while there was a clear danger of unfair prejudice arising from its references to prosecution submissions for the death penalty and from irrelevant comments by other persons. The Crown's tender was therefore rejected.
Court Disposition
Evidence excluded
Orders
- ["The Crown's tender of the article is rejected."]
Full Case Text
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