Balandowitz, R v [2002] NICC 9 (24 October 2002)

Balandowitz, R v [2002] NICC 9 (24 October 2002)

The material sought by the defendant is not reasonably expected to assist the defence nor undermine the prosecution case, and it is not in the public interest to disclose it; therefore, the order for non-disclosure is granted under Section 8(5) of the 1996 Act.

Source-derived case information.

Citation
[2002] NICC 9
Parties
Prosecutor: The Queen; Defendant: Jason Peter Balandowitz
Jurisdiction
Northern Ireland
Judgment Date
24 October 2002
Procedural Posture
Criminal / Pre Trial Disclosure Application
Outcome
application for disclosure refused; order for non-disclosure granted
Legal Topics
Disclosure, Public Interest Immunity, Entrapment, Fair Trial, Secondary Disclosure
Criminal Law Evidence Human Rights Disclosure Public Interest Immunity Entrapment Fair Trial Secondary Disclosure

Source-derived case record

Summary, issues, holding and outcome

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Parties

The Queen

Prosecutor

Jason Peter Balandowitz

Defendant

Procedural Posture

Criminal / Pre Trial Disclosure Application

Legal Issues

  1. 1 Whether prosecution material sought by the defendant should be disclosed under Section 8(2) of the Criminal Procedure and Investigations Act 1996
  2. 2 Whether public interest immunity justifies non-disclosure under Section 8(5)
  3. 3 Whether non-disclosure deprives the defendant of a fair trial under Article 6 ECHR

Ratio Decidendi

The material sought by the defendant is not reasonably expected to assist the defence nor undermine the prosecution case, and it is not in the public interest to disclose it; therefore, the order for non-disclosure is granted under Section 8(5) of the 1996 Act.

Court Disposition

application for disclosure refused; order for non-disclosure granted

Orders

  • Order under Section 8(5) of the Criminal Procedure and Investigations Act 1996 for non-disclosure of specified material to the defence
  • Statement of reasons to be provided to prosecution and kept as court record in sealed envelope