R v McCloskey (No 1) [2020] NSWSC 771
The application by the Crown for release of Crime Commission evidence was refused as it was not made in a timely manner, with no adequate explanation for the delay; insufficient time was available to properly assess the material and interests of justice did not require release, especially where further delay would disrupt the trial.
- Parties
- Applicant: Crown; Accused: Robert John Stewart McCloskey; Interested Party: NSW Crime Commission
- Jurisdiction
- Australia
- Judgment Date
- 19 June 2020
- Procedural Posture
- Criminal / Pre Trial Motion
- Outcome
- Application refused
- Legal Topics
- Crime Commission Evidence Release, Timeliness of Application, Vacation of Trial Dates, Public Interest Immunity
Case Brief
Summary, issues, holding and outcome
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Parties
Crown
Applicant
Robert John Stewart McCloskey
Accused
NSW Crime Commission
Interested Party
Procedural Posture
Criminal / Pre Trial Motion
Legal Issues
- 1 Whether to release evidence given before the Crime Commission under s 45(5) of the Crime Commission Act 2012 (NSW)
- 2 Whether the Crown's application was made in a timely manner
- 3 Whether the interests of justice require release of the evidence
Ratio Decidendi
The application by the Crown for release of Crime Commission evidence was refused as it was not made in a timely manner, with no adequate explanation for the delay; insufficient time was available to properly assess the material and interests of justice did not require release, especially where further delay would disrupt the trial.
Court Disposition
Application refused
Orders
- Crown's application under s 45(5) of Crime Commission Act 2012 (NSW) refused in respect of Mr McCloskey
Full Case Text
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