R v Spinks; NSW Crime Commission v Spinks (No 2) [2020] NSWSC 1844

R v Spinks; NSW Crime Commission v Spinks (No 2) [2020] NSWSC 1844

The interests of justice required limited release of the transcripts to the prosecutor and his solicitors and to the legal practitioners representing Mr Spinks. Although the witnesses had given evidence under compulsion and with an expectation of confidentiality, and Witness A objected, the seriousness of the homicide allegation, Mr Spinks' exposure to a life sentence, the importance of Witness A's evidence due to proximity to the shooting and knowledge of what occurred, and the usefulness of the evidence to both prosecution and defence justified disclosure subject to redactions and limited recipients.

Jurisdiction
Australia
Judgment Date
03 December 2020
Procedural Posture
Criminal Law Murder; Release of Confidential Evidence Under the Crime Commission Act 2012 (nsw) / Procedural Ruling on Whether Transcripts Produced to the Court Under S 45(4) Should Be Made Available Under S 45(5) Before the Upcoming Murder Trial
Outcome
Order made releasing the transcripts on a limited basis subject to redactions.
Legal Topics
['murder Trial' 'release of Confidential Crime Commission Evidence' 'reluctant Witnesses' 'non Publication and Confidentiality' 'public Interest Immunity' 'interests of Justice Under S 45(5)']
['criminal Law' 'evidence' 'procedure'] ['murder Trial' 'release of Confidential Crime Commission Evidence' 'reluctant Witnesses' 'non Publication and Confidentiality' 'public Interest Immunity' 'interests of Justice Under S 45(5)']

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Procedural Posture

Criminal Law Murder; Release of Confidential Evidence Under the Crime Commission Act 2012 (nsw) / Procedural Ruling on Whether Transcripts Produced to the Court Under S 45(4) Should Be Made Available Under S 45(5) Before the Upcoming Murder Trial

Legal Issues

  1. 1 ["Whether the transcripts of Witness A's and Witness B's evidence before the NSW Crime Commission should be made available to the prosecutor and to the legal practitioners representing Mr Spinks under s 45(5) of the Crime Commission Act 2012 (NSW)." 'Whether the interests of justice required disclosure notwithstanding that the witnesses gave evidence under compulsion and were told their evidence would be subject to a non-publication order.' "Whether Witness A's objection and concerns were sufficient to prevent release of the transcript."]

Ratio Decidendi

The interests of justice required limited release of the transcripts to the prosecutor and his solicitors and to the legal practitioners representing Mr Spinks. Although the witnesses had given evidence under compulsion and with an expectation of confidentiality, and Witness A objected, the seriousness of the homicide allegation, Mr Spinks' exposure to a life sentence, the importance of Witness A's evidence due to proximity to the shooting and knowledge of what occurred, and the usefulness of the evidence to both prosecution and defence justified disclosure subject to redactions and limited recipients.

Court Disposition

Order made releasing the transcripts on a limited basis subject to redactions.

Orders

  • ['Pursuant to section 45(5) of the Crime Commission Act 2012 (NSW), the transcripts of Witness A\'s evidence before the New South Wales Crime Commission ("NSWCC") on 21 March 2019 and of Witness B\'s evidence before the NSWCC on 1 August 2019, be provided to the Prosecutor and his solicitors and to the legal...