R v Alex [2023] NSWSC 180

R v Alex [2023] NSWSC 180

The trial fixture for 3 April 2023 had to be vacated and could not reasonably be re-fixed for 8 May 2023 because the Crown had recently served very substantial additional Evidence Act summaries, a large further tender index was still proposed, most accused had not completed review of the intercepted conversations and transcripts, admissibility objections could not fairly be notified and determined within the Crown's timetable, the Crown required further time after rulings to reorganise its documentary tender, there was no acceptable current proposal for flexible electronic presentation of the documentary case to the jury, immediate jury summonses for 8 May carried a high risk of further...

Jurisdiction
Australia
Judgment Date
03 March 2023
Procedural Posture
Criminal Proceedings on Indictment for Conspiracy Offences / Procedural Ruling on Vacation of Trial Date and Listing of Pre Trial Arguments on Admissibility
Outcome
Trial fixture vacated; proceedings listed for pre-trial admissibility arguments and no new trial date to be fixed until the Court is satisfied the case is ready.
Legal Topics
['vacation of Trial Date' 'trial Readiness' 'pre Trial Admissibility Objections' 'evidence Act Summaries' 'electronic Presentation of Evidence to Jury' 'conspiracy to Cause Loss to the Commonwealth Dishonestly' 'conspiracy to Deal With Proceeds of Crime']
['criminal Law' 'evidence' 'criminal Procedure'] ['vacation of Trial Date' 'trial Readiness' 'pre Trial Admissibility Objections' 'evidence Act Summaries' 'electronic Presentation of Evidence to Jury' 'conspiracy to Cause Loss to the Commonwealth Dishonestly' 'conspiracy to Deal With Proceeds of Crime']

Case Brief

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Procedural Posture

Criminal Proceedings on Indictment for Conspiracy Offences / Procedural Ruling on Vacation of Trial Date and Listing of Pre Trial Arguments on Admissibility

Legal Issues

  1. 1 ['Whether the trial fixture commencing 3 April 2023 should be vacated because the matter was not ready to proceed.' 'Whether the trial could reasonably be re-fixed to commence on 8 May 2023.' 'Whether defence objections to intercepted conversations, transcripts, Evidence Act summaries and other proposed Crown documentary evidence could fairly be notified and determined on the timetable proposed by the Crown.' "Whether the Crown's proposed electronic presentation of documentary evidence by preloaded juror iPads was acceptable for this jury trial."]

Ratio Decidendi

The trial fixture for 3 April 2023 had to be vacated and could not reasonably be re-fixed for 8 May 2023 because the Crown had recently served very substantial additional Evidence Act summaries, a large further tender index was still proposed, most accused had not completed review of the intercepted conversations and transcripts, admissibility objections could not fairly be notified and determined within the Crown's timetable, the Crown required further time after rulings to reorganise its documentary tender, there was no acceptable current proposal for flexible electronic presentation of the documentary case to the jury, immediate jury summonses for 8 May carried a high risk of further...

Court Disposition

Trial fixture vacated; proceedings listed for pre-trial admissibility arguments and no new trial date to be fixed until the Court is satisfied the case is ready.

Orders

  • ['Trial fixture to commence 3 April 2023 for six months vacated.' 'Proceedings to be listed for hearing of pre-trial arguments on admissibility for a period of two weeks, tentatively set down to commence 17 July 2023.']