R v Warwick (No.6) [2018] NSWSC 234

R v Warwick (No.6) [2018] NSWSC 234

Section 142 of the Criminal Procedure Act 1986 does not require the prosecution to serve or re-serve a Crown Brief separated by each criminal event; the obligation is to give notice of the prosecution case as a whole. The Crown's compliance, together with provision of an electronic court book and an index of evidence by witness, is sufficient to meet mandatory disclosure obligations.

Jurisdiction
Australia
Judgment Date
01 March 2018
Procedural Posture
Criminal / Interlocutory Motion Ruling; Pre Trial Disclosure Orders
Outcome
Orders made as to service of electronic court book; accused's motion dismissed.
Legal Topics
['pre Trial Disclosure' 'case Management' 'electronic Court Books' 'disclosure Obligations']
['criminal Procedure'] ['pre Trial Disclosure' 'case Management' 'electronic Court Books' 'disclosure Obligations']

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Procedural Posture

Criminal / Interlocutory Motion Ruling; Pre Trial Disclosure Orders

Legal Issues

  1. 1 ["Whether the Crown must serve or re-serve a consolidated Crown Brief in accordance with the accused's motion" "Whether the Crown's pre-trial disclosure obligations under the Criminal Procedure Act 1986 ss 141, 142 require documents to be organised by each criminal event" 'Whether current Crown disclosure is sufficient to meet statutory obligations']

Ratio Decidendi

Section 142 of the Criminal Procedure Act 1986 does not require the prosecution to serve or re-serve a Crown Brief separated by each criminal event; the obligation is to give notice of the prosecution case as a whole. The Crown's compliance, together with provision of an electronic court book and an index of evidence by witness, is sufficient to meet mandatory disclosure obligations.

Court Disposition

Orders made as to service of electronic court book; accused's motion dismissed.

Orders

  • ['On or before midday, Friday 15 March 2018, the Crown is to serve on the accused two sets of an Electronic Court Book setting out, in the order of the document headed Order of Witnesses for Trial, and by reference to each named witness, the statements and other records to be adduced in evidence at the trial.'...