Chaarani v The Queen; Moukhaiber v The Queen

Chaarani and Moukhaiber appealed their convictions for conspiracy to import a commercial quantity of a border-controlled drug, namely cocaine, contrary to s 307.1(1) of the *Criminal Code* (Cth). The appeals concerned the admissibility of evidence obtained from mobile phones seized from the appellants, and the proper application of the principles governing the admission of evidence of prior or system conduct. The appeals were heard together by Nettle and Edelman JJ of the High Court of Australia.

The central legal issues before the High Court were whether the evidence obtained from the appellants' mobile phones was admissible, and whether the trial judge had erred in admitting evidence of prior or system conduct. Specifically, the court considered whether the admission of this evidence was unfairly prejudicial to the appellants, outweighing its probative value, and whether the jury directions regarding this evidence were adequate.

The High Court held that the evidence obtained from the mobile phones was admissible. Their Honours reasoned that the evidence was relevant to establishing the appellants' knowledge and intention in relation to the conspiracy. Regarding the evidence of prior or system conduct, the court affirmed that such evidence is admissible if it has a sufficient degree of probative force to make it unfair to exclude it, and that its prejudicial effect does not outweigh its probative value. The jury directions were found to be sufficient to guide the jury in considering this evidence appropriately.

The appeals were dismissed.