R v Khan (No 9)

The accused, Mr Khan, was charged with the commission of a terrorist act. The Crown sought to tender evidence of a photograph of the victim wearing a particular t-shirt, which the Crown alleged resulted in the victim being targeted by Mr Khan. The photograph was already in evidence, but the Crown argued that it was relevant to show why the victim was targeted. Mr Khan opposed the evidence being admitted, arguing it was irrelevant and prejudicial.

The court had to determine whether the photograph was relevant to the case and whether its probative value outweighed any prejudicial effect. The court considered the purpose for which the evidence was being tendered, the nature of the evidence, and whether the evidence could assist in establishing a fact in issue. The court found that the photograph was relevant because it could establish why the victim was targeted and assist in proving the Crown’s case.

The court held that the probative value of the photograph outweighed any prejudicial effect. The court accepted that the evidence was relevant to the case and that it could assist in establishing a fact in issue. The court also noted that the prejudicial effect of the evidence was not significant, as the photograph was already in evidence and the jury could not draw any adverse inferences from it. The court admitted the evidence.

The court ordered that the photograph of the victim wearing the particular t-shirt be admitted as evidence. The court found that the evidence was relevant to the case and that its probative value outweighed any prejudicial effect. The court noted that the photograph could assist in establishing why the victim was targeted and assist in proving the Crown’s case.