R v Warwick (No.11) [2018] NSWSC 521

R v Warwick (No.11) [2018] NSWSC 521

The Crown had complied with its disclosure obligations and with the earlier order requiring an electronic Court book. Although a commercial format might be more efficient, the existing Crown E-Brief was reasonably accessible and electronically searchable, the Accused could reformat it if desired, and no unfairness to the trial was shown. It was therefore not in the interests of justice to require the Crown to incur the expense and work of reformulating the E-Brief in the form requested.

Jurisdiction
Australia
Judgment Date
30 April 2018
Procedural Posture
Criminal Proceeding; Interlocutory Motion Concerning Crown Electronic Brief and Pre Trial Disclosure / Pre Trial Ruling on Notice of Motion Filed on 11 April 2018
Outcome
Orders 1 and 2 of the Notice of Motion filed on 11 April 2018 were dismissed; the balance of the Motion was stood over.
Legal Topics
['interlocutory Orders' 'pre Trial Disclosure' 'electronic Court Book' 'crown Brief' 'trial Management']
['criminal Procedure'] ['interlocutory Orders' 'pre Trial Disclosure' 'electronic Court Book' 'crown Brief' 'trial Management']

Case Brief

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Procedural Posture

Criminal Proceeding; Interlocutory Motion Concerning Crown Electronic Brief and Pre Trial Disclosure / Pre Trial Ruling on Notice of Motion Filed on 11 April 2018

Legal Issues

  1. 1 ['Whether the Crown should be ordered to serve and provide to the Court a reformulated electronic version of the Crown Brief in the specified searchable, indexed, hyperlinked, paginated and e-trial-ready format.' 'Whether the Crown should be ordered to provide Family Court files and other documents on which it proposed to rely in a searchable, indexed and paginated format.' "Whether the existing Crown E-Brief was reasonably accessible and electronically searchable, and whether its format would make the accused's trial unfair."]

Ratio Decidendi

The Crown had complied with its disclosure obligations and with the earlier order requiring an electronic Court book. Although a commercial format might be more efficient, the existing Crown E-Brief was reasonably accessible and electronically searchable, the Accused could reformat it if desired, and no unfairness to the trial was shown. It was therefore not in the interests of justice to require the Crown to incur the expense and work of reformulating the E-Brief in the form requested.

Court Disposition

Orders 1 and 2 of the Notice of Motion filed on 11 April 2018 were dismissed; the balance of the Motion was stood over.

Orders

  • ['Order that Orders 1 and 2 of the Notice of Motion filed on 11 April 2018 be dismissed.' 'Stand over the balance of the Motion to 10am on 30 April 2018.']