R v Al Batat & Ors (No 4) [2020] NSWSC 1076

R v Al Batat & Ors (No 4) [2020] NSWSC 1076

The Court has the power to control its process to ensure just management of criminal proceedings, and, given the volume of material provided unfiltered by police and previous failures in disclosure, orders are made requiring any new material to be produced by the DPP rather than police, and for the prosecutor to notify and provide such material to defence upon request.

Parties
Prosecution: Regina; Interested Party: NSW Commissioner of Police; Accused: Abdallah Hassan Al Batat; Accused: Ying Cheng Luo; Accused: Ian Fan; Accused: Jaiyu Liu; Accused: Jacob Blake Bayliss; Accused: Nai An Li
Jurisdiction
Australia
Judgment Date
14 August 2020
Procedural Posture
Criminal / Pre Trial Directions / Case Management Order
Outcome
Case management orders made; application granted
Legal Topics
Service of Evidence, Disclosure, Case Management, Pre Trial Procedure
Criminal Law Service of Evidence Disclosure Case Management Pre Trial Procedure

Case Brief

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Parties

Regina

Prosecution

NSW Commissioner of Police

Interested Party

Abdallah Hassan Al Batat

Accused

Ying Cheng Luo

Accused

Ian Fan

Accused

Jaiyu Liu

Accused

Jacob Blake Bayliss

Accused

Nai An Li

Accused

Procedural Posture

Criminal / Pre Trial Directions / Case Management Order

Legal Issues

  1. 1 Whether the police may directly serve unfiltered material on the accused's solicitors without first providing it to the DPP/prosecutor
  2. 2 Appropriate case management orders in relation to the disclosure and tender of prosecution evidence

Ratio Decidendi

The Court has the power to control its process to ensure just management of criminal proceedings, and, given the volume of material provided unfiltered by police and previous failures in disclosure, orders are made requiring any new material to be produced by the DPP rather than police, and for the prosecutor to notify and provide such material to defence upon request.

Court Disposition

Case management orders made; application granted

Orders

  • Any new material to be relied upon by the prosecution is to be produced to the solicitors for each of the accused by the Director of Public Prosecutions or officers, not by officers of the NSW Police Force.
  • The Prosecutor is to notify the accused's lawyers as soon as material is made available and provide a copy to any of the accused's lawyers who ask for it.