- Library Services
Edwards, Scott v The Queen  HCA 28
CRIMINAL PRACTICE, WORDS AND PHRASES
High Court of Australia
Kiefel CJ, Keane, Edelman, Steward, Gleeson JJ
Edwards, Scott v The Queen
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.