R v RK [2017] NSWDC 80

R v RK [2017] NSWDC 80

The Commissioner of Police showed cause why no referral should be made to the Supreme Court, but the destruction of Exhibit B demonstrated the undesirability of returning s 23 documents to the Crown or Commissioner of Police under current police protocols or guidelines; the judge stated that such documents would remain on Court files in matters he dealt with unless a secure central repository were established.

Jurisdiction
Australia
Judgment Date
27 March 2017
Procedural Posture
Criminal; Procedural and Other Ruling / Show Cause Following Severity Appeal, Call Up and Revocation of Suspended Sentence Bonds
Outcome
Commissioner of Police has shown cause why no referral should be made to the Supreme Court following the deliberate destruction of a Court exhibit.
Legal Topics
['assistance to Authorities Documents' 'release of S 23 Documents From Court File' 'destruction of Court Exhibit' 'suspended Sentences' 'show Cause']
['criminal Law' 'criminal Procedure' 'sentencing'] ['assistance to Authorities Documents' 'release of S 23 Documents From Court File' 'destruction of Court Exhibit' 'suspended Sentences' 'show Cause']

Case Brief

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Procedural Posture

Criminal; Procedural and Other Ruling / Show Cause Following Severity Appeal, Call Up and Revocation of Suspended Sentence Bonds

Legal Issues

  1. 1 ['Whether the Commissioner of Police had shown cause why no referral should be made to the Supreme Court following the deliberate destruction of a Court exhibit.' 'Whether documents captured by s 23 of the Crimes (Sentencing Procedure) Act should be returned to the Crown or Commissioner of Police rather than retained on the Court file.']

Ratio Decidendi

The Commissioner of Police showed cause why no referral should be made to the Supreme Court, but the destruction of Exhibit B demonstrated the undesirability of returning s 23 documents to the Crown or Commissioner of Police under current police protocols or guidelines; the judge stated that such documents would remain on Court files in matters he dealt with unless a secure central repository were established.

Court Disposition

Commissioner of Police has shown cause why no referral should be made to the Supreme Court following the deliberate destruction of a Court exhibit.

Orders

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