R v Spinks; NSW Crime Commission v Spinks [2020] NSWSC 1708

R v Spinks; NSW Crime Commission v Spinks [2020] NSWSC 1708

Because Mr Spinks had been charged with murder before a court of the State, the examination material appeared on its face to have relevance to the prosecution case and to the conduct of the accused's case, and no party opposed production to the Court, it may be desirable in the interests of justice for the transcripts to be produced to the Court under s 45(4) of the Crime Commission Act 2012 (NSW).

Jurisdiction
Australia
Judgment Date
09 October 2020
Procedural Posture
Criminal Law Procedural Ruling Concerning Crime Commission Examinations / Notice of Motion by the Director of Public Prosecutions for Orders Under S 45(4) of the Crime Commission Act 2012 (nsw) Before the Accused's Murder Trial
Outcome
The prosecution's notice of motion was granted and orders were made requiring the NSW Crime Commission to provide the transcripts to the Court, with an interim non-publication order over the names of Witness A and Witness B.
Legal Topics
['crime Commission Examinations' 'production of Examination Transcripts to the Court' 'non Publication Orders']
['criminal Law' 'procedure'] ['crime Commission Examinations' 'production of Examination Transcripts to the Court' 'non Publication Orders']

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Procedural Posture

Criminal Law Procedural Ruling Concerning Crime Commission Examinations / Notice of Motion by the Director of Public Prosecutions for Orders Under S 45(4) of the Crime Commission Act 2012 (nsw) Before the Accused's Murder Trial

Legal Issues

  1. 1 ['Whether the requirements of s 45(4) of the Crime Commission Act 2012 (NSW) were satisfied so that the NSW Crime Commission should produce transcripts of evidence to the Court.' 'Whether it may be desirable in the interests of justice for the Crime Commission examination evidence to be made available for consideration by the Court.']

Ratio Decidendi

Because Mr Spinks had been charged with murder before a court of the State, the examination material appeared on its face to have relevance to the prosecution case and to the conduct of the accused's case, and no party opposed production to the Court, it may be desirable in the interests of justice for the transcripts to be produced to the Court under s 45(4) of the Crime Commission Act 2012 (NSW).

Court Disposition

The prosecution's notice of motion was granted and orders were made requiring the NSW Crime Commission to provide the transcripts to the Court, with an interim non-publication order over the names of Witness A and Witness B.

Orders

  • ["That pursuant to section 45(4) of the Crime Commission Act 2012 (NSW) the transcript of Witness A's evidence before the New South Wales Crime Commission on 21 March 2019, referred to in the NSWCC s 45(1) specification dated 18 March 2020, be provided by the NSWCC to the Court." "That pursuant to section 45(4) of...