R v Khan (No 8)

The matter of R v Khan (No 8) was heard before the Court of Criminal Appeal. The accused, Khan, was charged with committing a terrorist act. The Crown sought to tender a news article found on Khan’s computer, which detailed the sentencing proceedings in the United States of an individual found guilty of committing a terrorist act. Khan objected to the admission of the article on the basis that its probative value was low and that the danger of unfair prejudice was substantial.

The legal issue before the court was whether the article should be admitted as evidence. In determining this, the court considered the probative value of the evidence against the potential for unfair prejudice. The court acknowledged the relevance of the article to the charge but also recognised the risk that it could unduly influence the jury against Khan. The court balanced these considerations and concluded that the prejudicial effect of the evidence substantially outweighed its probative value.

The court held that the article should not be admitted. The probative value of the article was deemed to be minimal, as it did not directly link Khan to the commission of a terrorist act. Furthermore, the court found that the potential for unfair prejudice was significant, as the article could incite emotions such as fear or hatred against Khan, potentially leading to an unjust outcome. Consequently, the evidence was excluded from the trial.