R v Hawi & ors (No 10) [2011] NSWSC 1656

R v Hawi & ors (No 10) [2011] NSWSC 1656

Failure of police to disclose evidence to the prosecutor does not constitute a failure by 'the prosecutor' for purposes of s 146(1) of the Criminal Procedure Act 1986; no unfairness has resulted from the late disclosure and the objection to admissibility is overruled.

Jurisdiction
Australia
Judgment Date
28 June 2011
Procedural Posture
Criminal / Evidentiary Ruling During Trial
Outcome
objection overruled; evidence admissible
Legal Topics
['disclosure Obligations' 'pre Trial Disclosure' 'compulsory Disclosure' 'sanctions for Non Compliance']
['criminal Law' 'procedure'] ['disclosure Obligations' 'pre Trial Disclosure' 'compulsory Disclosure' 'sanctions for Non Compliance']

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Procedural Posture

Criminal / Evidentiary Ruling During Trial

Legal Issues

  1. 1 ['Whether evidence not disclosed by police to the prosecutor in compliance with statutory pre-trial disclosure requirements can be excluded under s 146(1) Criminal Procedure Act 1986' "Whether police investigators are within the concept of 'prosecutor' for the purposes of the Criminal Procedure Act 1986" 'Whether late disclosure of evidence causes unfairness warranting exclusion']

Ratio Decidendi

Failure of police to disclose evidence to the prosecutor does not constitute a failure by 'the prosecutor' for purposes of s 146(1) of the Criminal Procedure Act 1986; no unfairness has resulted from the late disclosure and the objection to admissibility is overruled.

Court Disposition

objection overruled; evidence admissible

Orders

  • ['Evidence of Rodney Moore deemed admissible.']