SafeWork NSW v HD Projects Pty Ltd [2020] NSWDC 835

SafeWork NSW v HD Projects Pty Ltd [2020] NSWDC 835

The new evidence proposed to be led by the prosecutor was excluded because it had not been properly disclosed prior to the case readiness hearing, in breach of disclosure obligations and Practice Note requirements. Admission would create significant unfairness to the defendant and risk an unfair trial. The court rejected the prosecutor's arguments regarding entitlement to late disclosure and evidence in chief from these witnesses.

Parties
Prosecutor: SafeWork NSW; Defendant: HD Projects Pty Ltd
Jurisdiction
Australia
Judgment Date
03 December 2020
Procedural Posture
Criminal / Advance Evidentiary Ruling at Trial
Outcome
Application granted: new evidence excluded; costs reserved.
Legal Topics
Advance Exclusion of Evidence, Prosecutor's Disclosure Obligations, Procedural Fairness, Practice Note Compliance
Evidence Criminal Law Work Health and Safety Advance Exclusion of Evidence Prosecutor's Disclosure Obligations Procedural Fairness Practice Note Compliance

Case Brief

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Parties

SafeWork NSW

Prosecutor

HD Projects Pty Ltd

Defendant

Procedural Posture

Criminal / Advance Evidentiary Ruling at Trial

Legal Issues

  1. 1 Whether the prosecutor may rely on new evidence from Marc Dessens, Barry Ramm, and Adam Hamburger at trial despite late disclosure
  2. 2 Whether the prosecutor complied with disclosure obligations and Practice Note requirements
  3. 3 Whether the late admission of new evidence would cause unfairness to the defendant

Ratio Decidendi

The new evidence proposed to be led by the prosecutor was excluded because it had not been properly disclosed prior to the case readiness hearing, in breach of disclosure obligations and Practice Note requirements. Admission would create significant unfairness to the defendant and risk an unfair trial. The court rejected the prosecutor's arguments regarding entitlement to late disclosure and evidence in chief from these witnesses.

Court Disposition

Application granted: new evidence excluded; costs reserved.

Orders

  • The new evidence proposed to be led by the prosecutor from Marc Dessens, Barry Ramm and Adam Hamburger is excluded.
  • Costs of this application are reserved.