R v Khan (No 6)

The parties involved in this case are the Crown, represented by the Commonwealth Director of Public Prosecutions, and the respondent, Mr Khan. The respondent was charged with offences related to the commission of a terrorist act, including conspiracy to commit a terrorist act. The dispute centred on whether the Crown could tender evidence of footage of the September 11 attacks found on the respondent's computer. The matter was heard in the High Court of Australia.

The court was required to decide whether the probative value of the evidence in question outweighed the danger of unfair prejudice to the respondent. The Crown argued that the footage was relevant and had significant probative value in establishing the respondent's state of mind and intent, given the evidence suggested he had been planning a terrorist attack. The respondent, on the other hand, argued that the probative value of the footage was outweighed by the danger of unfair prejudice, as it could potentially evoke strong emotional reactions from the jury, which could lead to an unjust outcome.

In delivering the judgment, the court found that while the footage was relevant and had some probative value, it also carried a significant risk of unfair prejudice. The court considered the nature of the evidence, the potential impact on the jury, and the availability of alternative evidence that could establish the respondent's state of mind and intent without causing undue prejudice. The court concluded that the probative value of the footage was outweighed by the danger of unfair prejudice, and therefore, it should not be admitted into evidence.

As a result, the court ruled that the footage of the September 11 attacks found on the respondent's computer was inadmissible. The respondent's appeal against his conviction was allowed, and the matter was remitted to the lower court for a re-trial without the contested evidence. This decision underscores the importance of carefully balancing the probative value of evidence against the risk of unfair prejudice in criminal trials, particularly in cases involving terrorism.