R v Pirrello, Pirrello & D’Agostino [2019] NSWSC 1426

R v Pirrello, Pirrello & D’Agostino [2019] NSWSC 1426

The Crown has fulfilled its disclosure obligations by providing electronic recordings and summaries, and is not required to produce or serve transcripts it does not possess or intend to use at trial. The absence of transcripts does not render the trial unfair nor justify conditional exclusion of evidence.

Parties
Prosecutor: Regina (Crown); Accused: Joseph D'Agostino; Accused: Michael Pirrello; Accused: Francesco Pirrello
Jurisdiction
Australia
Judgment Date
21 October 2019
Procedural Posture
Criminal / Pre Trial
Outcome
Application to conditionally exclude evidence refused
Legal Topics
Disclosure Obligations, Evidence Exclusion, Conspiracy to Import Border Controlled Drugs, Jury Trial Procedure
Criminal Law Disclosure Obligations Evidence Exclusion Conspiracy to Import Border Controlled Drugs Jury Trial Procedure

Case Brief

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Parties

Regina (Crown)

Prosecutor

Joseph D'Agostino

Accused

Michael Pirrello

Accused

Francesco Pirrello

Accused

Procedural Posture

Criminal / Pre Trial

Legal Issues

  1. 1 Whether the Crown has met its disclosure obligations regarding audio recordings without transcripts
  2. 2 Whether failure to provide transcripts prejudices the accused and warrants exclusion of evidence

Ratio Decidendi

The Crown has fulfilled its disclosure obligations by providing electronic recordings and summaries, and is not required to produce or serve transcripts it does not possess or intend to use at trial. The absence of transcripts does not render the trial unfair nor justify conditional exclusion of evidence.

Court Disposition

Application to conditionally exclude evidence refused

Orders

  • Conditional exclusion of evidence refused