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Edwards, Scott v The Queen [2021] HCA 28

High Court of Australia
Kiefel CJ, Keane, Edelman, Steward, Gleeson JJ

Edwards, Scott v The Queen

Judgment Date: 
6 October 2021

CRIMINAL PRACTICE - Appeal - Miscarriage of justice - Prosecution's duty of disclosure in ss 141 and 142 of Criminal Procedure Act 1986 (NSW) - Where appellant's mobile phone seized by police upon arrest - Where police made copy of data on mobile phone ("Cellebrite Download") - Where prosecution informed appellant's lawyers of existence of Cellebrite Download prior to trial but did not serve copy - Whether prosecution failed to give full and proper pre-trial disclosure required by s 142 - Whether Cellebrite Download contained material falling within s 142(1)(i) or s 142(1)(k) - Whether forensic value of contents of Cellebrite Download for appellant's case rose above level of speculation - Whether non-provision of Cellebrite Download to appellant caused miscarriage of justice.

WORDS AND PHRASES - "cellebrite", "cellebrite download", "disclosure", "good prosecutorial practice", "miscarriage of justice", "pre-trial disclosure", "prosecutorial duty of disclosure", "relevant to the reliability of a prosecution witness", "s 142 notice", "would reasonably be regarded as relevant".

Criminal Procedure Act 1986 (NSW) - ss 141, 142.