R v Yavuz (No. 3) [2018] NSWSC 573

R v Yavuz (No. 3) [2018] NSWSC 573

The Crown's failure to secure and tender the critical triple 0 call evidence due to lack of due diligence constituted serious fault resulting in unfairness to the accused by requiring him to fund a second trial. The stay of proceedings until payment of $80,000 in reasonable costs by the Crown was justified by the exceptional nature and impact of this prosecutorial lapse.

Jurisdiction
Australia
Judgment Date
04 May 2018
Procedural Posture
Criminal / Interlocutory Determination of Costs and Stay Pending Retrial
Outcome
Stay granted pending payment of costs
Legal Topics
['stay of Proceedings' 'costs in Criminal Trials' 'disclosure Obligations' 'retrial Following Jury Discharge']
['criminal Law'] ['stay of Proceedings' 'costs in Criminal Trials' 'disclosure Obligations' 'retrial Following Jury Discharge']

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Procedural Posture

Criminal / Interlocutory Determination of Costs and Stay Pending Retrial

Legal Issues

  1. 1 ["Whether the Crown's conduct in failing to timely disclose critical evidence warranted a stay of proceedings until costs thrown away by the accused are paid" 'What constitutes a reasonable quantum of costs in such circumstances']

Ratio Decidendi

The Crown's failure to secure and tender the critical triple 0 call evidence due to lack of due diligence constituted serious fault resulting in unfairness to the accused by requiring him to fund a second trial. The stay of proceedings until payment of $80,000 in reasonable costs by the Crown was justified by the exceptional nature and impact of this prosecutorial lapse.

Court Disposition

Stay granted pending payment of costs

Orders

  • ["Stay of proceedings against the accused until the accused's costs of $80,000 are paid by the Crown" 'Nothing in order (1) prevents the fixing or alteration of the trial date, compliance with statutory requirements under the Criminal Procedure Act 1986 (NSW), or directions by the trial judge']