R v Marwan Jubraeel (No 2)

The respondents, the Commonwealth Director of Public Prosecutions and the Australian Federal Police, appealed against the decision of the Full Court of the Federal Court of Australia that suppressed evidence of the appellant's criminal history, pursuant to s 138 of the Evidence Act 1995 (Cth). The appellant, Marwan Jubraeel, was charged with terrorism offences and, prior to trial, applied for suppression of his criminal history. The trial judge accepted the submission and suppressed the evidence. The respondents appealed against the suppression order. The appellant cross-appealed against the conviction on one of the charges. The court considered whether the suppression order was correct, whether the evidence was unfairly prejudicial and, if so, whether the prejudicial effect outweighed the probative value. The court considered the principles set out in s 137 and 138 of the Evidence Act and held that the trial judge erred in suppressing the evidence. The suppression order was quashed and the appeal was allowed, and the conviction on the charge of attempting to provide support to a terrorist organisation was quashed. The appellant was ordered to pay costs of the appeal.