R v Medich (No 6) [2016] NSWSC 1001

R v Medich (No 6) [2016] NSWSC 1001

Relevant material concerning the 2013 incident had been available to police investigating that incident from December 2014, but was not provided to the police investigating the deceased's murder until June 2016, not provided to the Crown until July 2016, and not disclosed to the accused until about 9:55 am on the morning the trial was to commence. No adequate evidentiary explanation for the delay was provided. The material required reasonable and legitimate further forensic steps by the accused, including subpoenas and possible pre-trial applications. Proceeding immediately would be unfair to the accused, so the trial could not commence and the jury had to be discharged and the trial date...

Jurisdiction
Australia
Judgment Date
25 July 2016
Procedural Posture
Criminal Proceedings Concerning Charges of Soliciting to Murder, Murder and Intimidation / Application by the Accused to Discharge the Jury, Vacate the Trial and Adjourn for Further Directions Following Late Disclosure
Outcome
Application granted; jury discharged and trial date vacated.
Legal Topics
['disclosure Obligations' 'application to Vacate Trial' 'discharge of Jury' 'subpoenas' 'fair Trial' 'non Publication Order']
['criminal Law' 'criminal Procedure' 'evidence'] ['disclosure Obligations' 'application to Vacate Trial' 'discharge of Jury' 'subpoenas' 'fair Trial' 'non Publication Order']

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Procedural Posture

Criminal Proceedings Concerning Charges of Soliciting to Murder, Murder and Intimidation / Application by the Accused to Discharge the Jury, Vacate the Trial and Adjourn for Further Directions Following Late Disclosure

Legal Issues

  1. 1 ["Whether late disclosure of material concerning the 2013 incident made it unfair or impracticable for the accused's trial to proceed." 'Whether the jury should be discharged and the trial date vacated to allow further investigations, subpoenas and possible pre-trial applications arising from the disclosed material.' 'Whether orders should be made to facilitate subpoenas and further directions.']

Ratio Decidendi

Relevant material concerning the 2013 incident had been available to police investigating that incident from December 2014, but was not provided to the police investigating the deceased's murder until June 2016, not provided to the Crown until July 2016, and not disclosed to the accused until about 9:55 am on the morning the trial was to commence. No adequate evidentiary explanation for the delay was provided. The material required reasonable and legitimate further forensic steps by the accused, including subpoenas and possible pre-trial applications. Proceeding immediately would be unfair to the accused, so the trial could not commence and the jury had to be discharged and the trial date...

Court Disposition

Application granted; jury discharged and trial date vacated.

Orders

  • ['The jury is discharged.' 'The trial date is vacated.' 'The solicitor for the accused is to file with my Associate, no later than 5:00 pm on 25 July 2016, subpoenas directed to the Australian Criminal Intelligence Commission (formerly the Australian Crime Commission), the New South Wales Police, the New South Wales...