R v Hansen (No 2) [2023] NSWDC 206

R v Hansen (No 2) [2023] NSWDC 206

The Crown, including the investigating police and the DPP, was seriously and significantly at fault in relation to late disclosure of material. That late disclosure and the Crown's attempted reliance on the material caused the lengthy voir dire, the exclusion ruling, the adjournment of the trial, manifest injustice and unfairness to the accused, and costs thrown away. Those circumstances were exceptional and justified staying the proceedings until the Crown undertakes to pay the accused's reasonable costs thrown away.

Jurisdiction
Australia
Judgment Date
28 March 2023
Procedural Posture
Criminal / Notice of Motion for a Stay of Proceedings Pending an Undertaking for Payment of Costs Thrown Away After the Trial Was Vacated and Adjourned
Outcome
Application granted; proceedings stayed pending the Crown's undertaking to pay costs thrown away, with the amount to be agreed or determined on re-application.
Legal Topics
['mosely Stay' 'late Disclosure of Evidence' 'stay of Proceedings' 'costs Thrown Away' 'vacated Trial' 'fairness to Accused']
['criminal Procedure' 'costs'] ['mosely Stay' 'late Disclosure of Evidence' 'stay of Proceedings' 'costs Thrown Away' 'vacated Trial' 'fairness to Accused']

Case Brief

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Procedural Posture

Criminal / Notice of Motion for a Stay of Proceedings Pending an Undertaking for Payment of Costs Thrown Away After the Trial Was Vacated and Adjourned

Legal Issues

  1. 1 ["Whether the proceedings should be stayed until the Crown undertakes to pay the applicant's costs thrown away as a result of the trial being adjourned." "Whether the Crown's late disclosure and attempted reliance on the material constituted serious fault causing manifest injustice and unfairness to the accused." 'What categories of costs were reasonably thrown away by reason of the adjournment.']

Ratio Decidendi

The Crown, including the investigating police and the DPP, was seriously and significantly at fault in relation to late disclosure of material. That late disclosure and the Crown's attempted reliance on the material caused the lengthy voir dire, the exclusion ruling, the adjournment of the trial, manifest injustice and unfairness to the accused, and costs thrown away. Those circumstances were exceptional and justified staying the proceedings until the Crown undertakes to pay the accused's reasonable costs thrown away.

Court Disposition

Application granted; proceedings stayed pending the Crown's undertaking to pay costs thrown away, with the amount to be agreed or determined on re-application.

Orders

  • ["The proceedings be stayed until such time as the Crown undertakes to pay the accused's costs thrown away as a result of the trial being adjourned." 'The parties are to confer to agree the amount of those reasonable costs in accordance with these reasons and to file agreed orders reflecting the amount of those...