R v Parkes (No 2) [2024] NSWSC 288

R v Parkes (No 2) [2024] NSWSC 288

The accused's evidence raised matters that had not been anticipated when the earlier refusal was made and made the compelled witness's testimony materially relevant to the trial. The Court was satisfied that the interests of justice would be impeded or frustrated without dissemination, particularly where the judge knew the contents but counsel did not. The renewed application was prompt, the material to be released was limited, the protected witness was heard, and the risk of trial disruption did not outweigh the need for disclosure. Release of the specified material under s 45(5) was therefore required in the interests of justice.

Jurisdiction
Australia
Judgment Date
21 March 2024
Procedural Posture
Criminal Procedural Ruling in a Murder Trial Concerning Release of Crime Commission Material / Renewed Application Under S 45(5) of the Crime Commission Act 2012 (nsw) During Trial After the Accused Gave Evidence
Outcome
Application granted; specified material released under s 45(5) of the Crime Commission Act 2012 (NSW).
Legal Topics
['murder' 'co Accused' 'compelled Testimony Before the New South Wales Crime Commission' 'disclosure Under S 45(5) of the Crime Commission Act 2012 (nsw)' 'interests of Justice' 'procedural Fairness to Protected Witness' 'trial Disruption']
['criminal Law' 'evidence' 'criminal Procedure'] ['murder' 'co Accused' 'compelled Testimony Before the New South Wales Crime Commission' 'disclosure Under S 45(5) of the Crime Commission Act 2012 (nsw)' 'interests of Justice' 'procedural Fairness to Protected Witness' 'trial Disruption']

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Procedural Posture

Criminal Procedural Ruling in a Murder Trial Concerning Release of Crime Commission Material / Renewed Application Under S 45(5) of the Crime Commission Act 2012 (nsw) During Trial After the Accused Gave Evidence

Legal Issues

  1. 1 ['Whether specified compelled testimony before the New South Wales Crime Commission should be made available to the Director of Public Prosecutions and the legal representatives of Benjamin Troy Parkes under s 45(5) of the Crime Commission Act 2012 (NSW).' 'Whether evidence given by Mr Parkes at trial changed the assessment of necessity and materiality for disclosure in the interests of justice.' 'Whether the protected witness should be heard before release of the material.' 'Whether the timing of disclosure would delay or disrupt the trial.']

Ratio Decidendi

The accused's evidence raised matters that had not been anticipated when the earlier refusal was made and made the compelled witness's testimony materially relevant to the trial. The Court was satisfied that the interests of justice would be impeded or frustrated without dissemination, particularly where the judge knew the contents but counsel did not. The renewed application was prompt, the material to be released was limited, the protected witness was heard, and the risk of trial disruption did not outweigh the need for disclosure. Release of the specified material under s 45(5) was therefore required in the interests of justice.

Court Disposition

Application granted; specified material released under s 45(5) of the Crime Commission Act 2012 (NSW).

Orders

  • ['Order that pursuant to s 45(5) of the Crime Commission Act 2012 (NSW) pages 46 from line 32 until page 77 of the transcript of evidence before the Commissioner Michael Barnes on XXXX be made available to the Director of Public Prosecutions and the legal representatives of Benjamin Troy Parkes.']