R v Alex, George (Trial Ruling No 1) [2024] NSWSC 1128

R v Alex, George (Trial Ruling No 1) [2024] NSWSC 1128

It was not practical or fair to require the accused to review and respond to a large volume of audio deletions proposed by the Crown during the trial. The Crown is permitted to seek deletions only with adequate opportunity for accused to consider. For Exhibit 10, where a small number of conversations were proposed for deletion, the accused were directed to respond; otherwise, all pre-notified audio evidence is to be tendered unless there is unanimous consent for deletion from accused.

Jurisdiction
Australia
Judgment Date
05 June 2024
Procedural Posture
Criminal / Trial Ruling (procedural Order During Trial)
Outcome
Directional procedural order issued
Legal Topics
['evidence' 'conspiracy' 'proceeds of Crime' 'audio Evidence' 'trial Management']
['criminal Law' 'criminal Procedure'] ['evidence' 'conspiracy' 'proceeds of Crime' 'audio Evidence' 'trial Management']

Case Brief

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Procedural Posture

Criminal / Trial Ruling (procedural Order During Trial)

Legal Issues

  1. 1 ['whether the Crown may reduce the volume of audio evidence tendered during trial without unfairness to accused' "management of bulk audio evidence and preservation of accused's rights to context and exculpatory material"]

Ratio Decidendi

It was not practical or fair to require the accused to review and respond to a large volume of audio deletions proposed by the Crown during the trial. The Crown is permitted to seek deletions only with adequate opportunity for accused to consider. For Exhibit 10, where a small number of conversations were proposed for deletion, the accused were directed to respond; otherwise, all pre-notified audio evidence is to be tendered unless there is unanimous consent for deletion from accused.

Court Disposition

Directional procedural order issued

Orders

  • ["Direct the accused to respond by 27 March 2024 to the Crown's proposed deletions (11 conversations) from Exhibit 10." "Court will not require accused to respond to balance of Crown's proposal for reduction of its tender of audio evidence unless unanimous consent is reached."]