R (Cth) v Seguel

[2024] NSWCCA 37

NSW Court of Criminal Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Evidence
3. › Admissibility
4. › Tendency evidence
5. › Whether evidence adduced for purpose other than tendency
6. › Whether evidence of state of mind constitutes tendency evidence
7. › Evidence Act 1995 (NSW), ss 97, 101
1. Criminal Law
2. › Evidence
3. › Admissibility
4. › Exclusion of prejudicial evidence
5. › Whether probative value outweighed by danger of unfair prejudice
6. › Capacity of jury directions to cure unfairness
7. › Evidence Act 1995 (NSW), ss 135, 137
1. Criminal Law
2. › Evidence
3. › Admissibility
4. › Context or background evidence
5. › Res gestae
6. › Evidence of state of mind
7. › Evidence to rebut anticipated defence
1. Criminal Law
2. › Appeal
3. › Crown appeal against interlocutory order
4. › Jurisdiction
5. › Whether exclusion of evidence substantially weakens prosecution case
6. › Criminal Appeal Act 1912 (NSW), s 5F(3A)

Quick Take

Evidence of dark web searches, drug-related messages, and instructional videos found on an accused's devices is admissible as evidence of state of mind and as part of the res gestae where the Crown does not seek to rely on it for a tendency purpose, and any risk of impermissible tendency reasoning can be addressed by appropriate jury directions.