Bevan v WA

(2010) 202 A Crim R 27; [2010] WASCA 101

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Evidence
3. › Evidence obtained by scientific or technical process
4. › Admissibility of mobile phone data downloaded by computer software
5. › Whether software programme shown to be reliable
6. › Whether downloading process properly operated
1. Criminal Law
2. › Appeal
3. › Proviso
4. › Whether substantial miscarriage of justice occurred
5. › Whether remaining admissible evidence proved guilt beyond reasonable doubt
6. › Criminal Appeals Act 2004 (WA), s 30(3), s 30(4)
1. Evidence
2. › Relevance
3. › Circumstantial evidence
4. › Probative value of text messages found on mobile phone in accused's vehicle
5. › Whether connection between phone and accused required beyond physical possession

Quick Take

The downloading of data from a mobile phone into a laptop computer using software is not yet generally known to be accurate, and accordingly such evidence is admissible only if there is evidence from a suitably qualified person proving the process produces accurate results and that the downloading was properly carried out on the particular occasion. A police officer who is a self-described 'lay user' of downloading software, who has no formal qualifications in electronic data retrieval, and who cannot explain the process in sufficient detail, is unlikely to satisfy this evidentiary threshold.