R v Taleb (No 2) [2019] NSWSC 396

Supreme Court New South Wales

Medium Neutral Citation: R v Taleb (No 2) [2019] NSWSC 396 Hearing dates: 29 March 2019 Date of orders: 29 March 2019 Decision date: 10 April 2019 Jurisdiction: Common Law Before: Hamill J Decision: Mr Trad's evidence on the practice of Islam is admissible but the evidence relating to the conflict in Syria and the practices of Islamic State is inadmissible (see paragraphs [15]-[19] and transcript of argument on 29 March 2019). Catchwords: CRIMINAL LAW – expert evidence to be called by accused – failure to serve report – failure to cross-examine prosecution witness – fairness to the accused – limited applicability of the rule in Browne v Dunn – whether witness qualified to provide opinion evidence – evidence concerning practice of Islam and practices of Islamic State or ISIS – witness qualified to provide evidence concerning Islam but limited evidence of Islamic State – rulings made accordingly Legislation Cited: Criminal Procedure Act 1986, ss 143(1) and 146 Cases Cited: Browne v Dunn (1893) 6 R 67 MWJ v The Queen [2005] HCA 74; (2005) 80 ALJR 329; (2005) 222 ALR 436 Category: Procedural and other rulings Parties: Commonwealth Director of Public Prosecutions Moudasser Taleb Representation: Counsel: S Duggan (CDPP) M Finnane QC (Mr Taleb)

Solicitors: Commonwealth Director of Public Prosecutions (CDPP) Zali Burrows at Law (Mr Taleb) File Number(s): 2017/00179287 Publication restriction: No publication until the completion of the trial.