R v Munshizada, Danishyar and Baines [2020] NSWSC 566

R v Munshizada, Danishyar and Baines [2020] NSWSC 566

After reviewing the Crime Commission transcripts and exhibits, the Court was not satisfied that the evidence would materially add to, contradict or cast doubt on the Crown case, or suggest any useful line of inquiry or theory for either side. Because the material did not have a material bearing on the trial, the interests of justice did not require its release under s 45(5).

Jurisdiction
Australia
Judgment Date
14 May 2020
Procedural Posture
Criminal Procedure Application Under S 45 of the Crime Commission Act 2012 (nsw) / Interlocutory Notice of Motion Before Murder Trial
Outcome
Certificates issued under s 45(4); application for release of evidence under s 45(5) dismissed.
Legal Topics
['release of Evidence Given Under Compulsion Before Crime Commission' 'non Publication Directions' 'interests of Justice' 'disclosure']
['criminal Procedure'] ['release of Evidence Given Under Compulsion Before Crime Commission' 'non Publication Directions' 'interests of Justice' 'disclosure']

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Procedural Posture

Criminal Procedure Application Under S 45 of the Crime Commission Act 2012 (nsw) / Interlocutory Notice of Motion Before Murder Trial

Legal Issues

  1. 1 ['Whether certificates should issue under s 45(4) of the Crime Commission Act 2012 (NSW) requiring the Crime Commission to make evidence available to the Court.' 'Whether, after examining the Crime Commission evidence, the interests of justice required any part of it to be made available to the accused and to the prosecutor under s 45(5).']

Ratio Decidendi

After reviewing the Crime Commission transcripts and exhibits, the Court was not satisfied that the evidence would materially add to, contradict or cast doubt on the Crown case, or suggest any useful line of inquiry or theory for either side. Because the material did not have a material bearing on the trial, the interests of justice did not require its release under s 45(5).

Court Disposition

Certificates issued under s 45(4); application for release of evidence under s 45(5) dismissed.

Orders

  • ['Certificates issued pursuant to s 45(4) of the Crime Commission Act 2012.' "Paragraph 3 of the Crown's notice of motion filed 3 March 2020 dismissed."]