SafeWork NSW v Mark Duffin [2023] NSWDC 272

SafeWork NSW v Mark Duffin [2023] NSWDC 272

Leave was granted because the Criminal Procedure Act 1986 (NSW) did not prevent the prosecutor from serving supplementary or additional material after the case management process, the Expert Report was largely based on the Technical Report and did not go beyond the pleaded allegations in the Summons, the proceedings had not been set down for trial and any prejudice to Mr Duffin could be addressed by time to consider the report and preserved evidentiary objections, while excluding the report would prejudice the prosecutor and granting leave would advance efficient case management.

Jurisdiction
Australia
Judgment Date
26 July 2023
Procedural Posture
Criminal Work Health and Safety Prosecution / Preliminary Ruling and Case Management Hearing on Whether the Prosecutor May Tender an Expert Report Served After the Notice of Defence Response
Outcome
Leave granted to SafeWork NSW to tender the Expert Report at trial, with evidentiary objections preserved; costs reserved; proceedings stood over.
Legal Topics
['preliminary Ruling' 'case Management' 'expert Evidence' 'notice of Defence Response' 'tender of Supplementary Prosecution Evidence' 'work Health and Safety Duties of Officers']
['criminal Procedure' 'evidence' 'work Health and Safety'] ['preliminary Ruling' 'case Management' 'expert Evidence' 'notice of Defence Response' 'tender of Supplementary Prosecution Evidence' 'work Health and Safety Duties of Officers']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Work Health and Safety Prosecution / Preliminary Ruling and Case Management Hearing on Whether the Prosecutor May Tender an Expert Report Served After the Notice of Defence Response

Legal Issues

  1. 1 ['Whether SafeWork NSW could seek to rely at trial on the Expert Report of Inspector Beacham dated 30 May 2023, served after Mr Duffin served a Notice of Defence Response under s 247K of the Criminal Procedure Act 1986 (NSW).' 'Whether the case management provisions of the Criminal Procedure Act 1986 (NSW) prevented the prosecutor from serving supplementary or additional evidence after the case management procedure had concluded.' 'Whether granting leave to rely on the Expert Report would cause prejudice to Mr Duffin or unfairness in the conduct of the proceedings.' 'Whether costs of the adjourned or affected hearing dates should be determined immediately or reserved.']

Ratio Decidendi

Leave was granted because the Criminal Procedure Act 1986 (NSW) did not prevent the prosecutor from serving supplementary or additional material after the case management process, the Expert Report was largely based on the Technical Report and did not go beyond the pleaded allegations in the Summons, the proceedings had not been set down for trial and any prejudice to Mr Duffin could be addressed by time to consider the report and preserved evidentiary objections, while excluding the report would prejudice the prosecutor and granting leave would advance efficient case management.

Court Disposition

Leave granted to SafeWork NSW to tender the Expert Report at trial, with evidentiary objections preserved; costs reserved; proceedings stood over.

Orders

  • ['Grant leave to SafeWork NSW to tender at the trial the Expert Report of Inspector Beacham dated 30 May 2023, without prejudice to the right of Mr Duffin to take objections based upon the rules of evidence.' 'Reserve the costs of 31 May 2023 and 13 July 2023.' 'Stand the proceedings over to the Work Health and...