R v Al Batat & Ors (No 6) [2020] NSWSC 1079

R v Al Batat & Ors (No 6) [2020] NSWSC 1079

The application to exclude telephone records under s 146 Criminal Procedure Act 1986 (NSW) is refused because the relevant evidence can be dealt with without prejudice to the accused; the defence has time to prepare; the charges are grave and justice requires the evidence go before the jury; exclusion was not warranted solely to deter systemic disclosure breach.

Parties
Prosecution: Regina; Prosecution: NSW Commissioner of Police; Accused: Abdallah Hassan Al Batat; Accused: Ying Cheng Luo; Accused: Ian Fan; Accused: Jaiyu Liu; Accused: Jacob Blake Bayliss; Accused: Nai An Li
Jurisdiction
Australia
Judgment Date
18 August 2020
Procedural Posture
Criminal / Pre Trial Ruling on Evidentiary Exclusion Application
Outcome
application dismissed
Legal Topics
Disclosure, Admissibility of Evidence, Case Management Orders, Prejudice, Cell Tower Records, Phone Records, Sanctions for Disclosure Breach
Criminal Law Disclosure Admissibility of Evidence Case Management Orders Prejudice Cell Tower Records Phone Records Sanctions for Disclosure Breach

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Parties

Regina

Prosecution

NSW Commissioner of Police

Prosecution

Abdallah Hassan Al Batat

Accused

Ying Cheng Luo

Accused

Ian Fan

Accused

Jaiyu Liu

Accused

Jacob Blake Bayliss

Accused

Nai An Li

Accused

Procedural Posture

Criminal / Pre Trial Ruling on Evidentiary Exclusion Application

Legal Issues

  1. 1 Whether telephone evidence served late, contrary to case management orders, should be excluded under s 146 Criminal Procedure Act 1986 (NSW)
  2. 2 Whether exclusion is warranted to deter non-compliance with court orders
  3. 3 Possible prejudice to accused from late disclosure of evidence

Ratio Decidendi

The application to exclude telephone records under s 146 Criminal Procedure Act 1986 (NSW) is refused because the relevant evidence can be dealt with without prejudice to the accused; the defence has time to prepare; the charges are grave and justice requires the evidence go before the jury; exclusion was not warranted solely to deter systemic disclosure breach.

Court Disposition

application dismissed

Orders

  • Application under s 146 Criminal Procedure Act 1986 (NSW) to exclude telephone records is refused.
  • Orders prohibiting further direct service of material by police on defence.