R v Richard LIPTON (No.2) [2010] NSWDC 295

R v Richard LIPTON (No.2) [2010] NSWDC 295

The Director of Public Prosecutions cannot rely solely on certificates or opinions of Police officers regarding disclosure; where there is obvious material in Police possession potentially relevant to sentence, the DPP must obtain, review, and form an opinion on such material's relevance. The Crown's historical practice of non-involvement in police disclosure or claims of public interest immunity is contrary to principle; the DPP carries the obligation to ensure fair disclosure. As the DPP declined to act, a stay of proceedings is granted until the DPP satisfies its duty.

Jurisdiction
Australia
Judgment Date
26 November 2010
Procedural Posture
Criminal / Sentencing; Ruling on Notice of Motion for Stay
Outcome
Stay of proceedings granted until the DPP informs the court it has sought, obtained, and formed an opinion regarding Police documents relating to Melanie Brown and communicated that opinion to the offender's legal adviser.
Legal Topics
['duty of Disclosure' 'public Interest Immunity' 'stay of Proceedings' 'prosecutorial Obligations' 'possession and Disclosure of Evidence']
['criminal Law'] ['duty of Disclosure' 'public Interest Immunity' 'stay of Proceedings' 'prosecutorial Obligations' 'possession and Disclosure of Evidence']

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Procedural Posture

Criminal / Sentencing; Ruling on Notice of Motion for Stay

Legal Issues

  1. 1 ['Whether the Director of Public Prosecutions (DPP) has a duty to independently obtain and assess documents in the possession of the NSW Police relating to Melanie Brown for relevance to the sentence of the offender' "Whether the Crown may rely on Police officers' views or certificates regarding disclosure obligations" "Whether a stay of proceedings should be granted pending the DPP's formation of an opinion on the relevance of the documents"]

Ratio Decidendi

The Director of Public Prosecutions cannot rely solely on certificates or opinions of Police officers regarding disclosure; where there is obvious material in Police possession potentially relevant to sentence, the DPP must obtain, review, and form an opinion on such material's relevance. The Crown's historical practice of non-involvement in police disclosure or claims of public interest immunity is contrary to principle; the DPP carries the obligation to ensure fair disclosure. As the DPP declined to act, a stay of proceedings is granted until the DPP satisfies its duty.

Court Disposition

Stay of proceedings granted until the DPP informs the court it has sought, obtained, and formed an opinion regarding Police documents relating to Melanie Brown and communicated that opinion to the offender's legal adviser.

Orders

  • ["Proceedings stayed until the Director of Public Prosecutions seeks and obtains all documents from police pertaining to the relationship between police and Melanie Brown; forms an opinion on their relevance to any matter of sentence; and communicates that opinion to the offender's legal adviser. The matter is stood...