Morrison v Defence Maritime Services Pty Ltd [2007] NSWLEC 118

Morrison v Defence Maritime Services Pty Ltd [2007] NSWLEC 118

The prosecution's applications were refused because the sentencing hearing is a real contest, the prosecution should have adduced all evidence before closing its case, and parties are bound by the conduct of their case. The late application prejudiced the defendants, the prosecution had been aware of the contested issues prior to trial, and no exceptional circumstances justifying reopening or admitting further evidence were established.

Jurisdiction
Australia
Judgment Date
28 February 2007
Procedural Posture
Criminal Prosecution / Sentencing Hearing—application to Admit Further Evidence or Reopen Case
Outcome
Applications dismissed with costs.
Legal Topics
['sentencing Procedure' 'admission of Evidence' 'reopening of Case' 'joinder and Bifurcation of Proceedings' 'contested Sentencing Hearings']
['criminal Law' 'environmental Law' 'criminal Procedure'] ['sentencing Procedure' 'admission of Evidence' 'reopening of Case' 'joinder and Bifurcation of Proceedings' 'contested Sentencing Hearings']

Case Brief

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Procedural Posture

Criminal Prosecution / Sentencing Hearing—application to Admit Further Evidence or Reopen Case

Legal Issues

  1. 1 ["Whether the prosecution should be allowed to introduce evidence from one defendant's case into the proceedings against others after closing its case" 'Whether the prosecutor should have leave to adduce further evidence or reopen the case after the defendants have elected to go into evidence' 'Whether it was appropriate to bifurcate the sentencing hearings']

Ratio Decidendi

The prosecution's applications were refused because the sentencing hearing is a real contest, the prosecution should have adduced all evidence before closing its case, and parties are bound by the conduct of their case. The late application prejudiced the defendants, the prosecution had been aware of the contested issues prior to trial, and no exceptional circumstances justifying reopening or admitting further evidence were established.

Court Disposition

Applications dismissed with costs.

Orders

  • ["Prosecutor's notices of motion dismissed with costs." 'Prosecutor to pay costs of Defence Maritime Services Pty Ltd and Allen Coates thrown away by the hearing of the notices of motion.']