R v Karaali (No 2) [2022] NSWSC 1799

Supreme Court New South Wales

Medium Neutral Citation: R v Karaali (No 2) [2022] NSWSC 1799 Hearing dates: 3; 4 August 2022 Date of orders: 4 August 2022 Decision date: 04 August 2022 Jurisdiction: Common Law Before: Campbell J Decision: (1) I reject paragraph 20 of Sergeant Catto-Pitkin's report of 14 July 2022. (2) I direct the prosecution obtain a supplementary report from Sergeant Catto-Pitkin detailing his findings on each of the inspections he did of each of the searches on the subject iPhone showing: (a) the time recorded by Google for the entry of each search term in respect of each search the subject of Table 3.1 in his said report; and (b) the time that he took during his examination to enter the exact same search terms on each occasion that he did so. (3) I will allow the evidence of Mr Chang as contained in his report of 21 July 2022 and in accordance with his oral testimony on the voir dire. (4) I reject circumstance (c) as a circumstance that the Crown may rely upon to demonstrate a consciousness of guilt. Catchwords: EVIDENCE — expert evidence — whether use of particular software within electronic evidence expert's expertise — whether delay and Crown's evidence served late results in unfairness — consciousness of guilt evidence Legislation Cited: Evidence Act 1995 (NSW), ss 9, 71, 79 Cases Cited: Bevan v Western Australia [2010] WASCA 101; (2010) A Crim R 27 Dasreef Pty Ltd v Hawchar (2011) 243 CLR 588; [2011] HCA 21 Mehesz v Redman (No 2) (1980) 26 SASR 244 R v Basha (1989) 39 A Crim R 337 Category: Procedural rulings Parties: Abdul Karaali (Accused) Regina (Crown) Representation: Counsel: P Hogan (Crown) IH Wallach (Accused)