NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: R v McCloskey (No 1) [2020] NSWSC 771 Hearing dates: 1 June 2020 Date of orders: 15 June 2020 Decision date: 19 June 2020 Jurisdiction: Common Law Before: Davies J Decision: Crown application under s 45(5) refused Catchwords: CRIMINAL PROCEDURE – application under s 45(5) of the Crime Commission Act 2012 (NSW) to release evidence given before Crime Commission – where application is untimely – where Crown has had multiple opportunities to make application – where no adequate explanation given for late application - where insufficient opportunity for Judge to assess whether the interests of justice "required" release – where release would have resulted in the trial being vacated for a second time – application refused Legislation Cited: Criminal Appeal Act 1912 (NSW) s 5F Crime Commission Act 2012 (NSW) s 45 Cases Cited: Hamalainen v R [2019] NSWCCA 276 R v McCloskey; R v Hamalainen (No 2) [2019] NSWSC 1176 R v Hawat (No 1) [2019] NSWSC 1583 R v Jaghbir (No 1) [2020] NSWSC 762 R v Munshizada, Danishyar and Baines [2020] NSWSC 566 R v Qaumi (No 11) [2016] NSWSC 252 Texts Cited: Nil Category: Procedural and other rulings Parties: Crown Robert John Stewart McCloskey (Accused) Representation: Counsel: S Hughes (Crown) D McMahon (Accused) R Bhalla (NSW Crime Commission)
Solicitors: Office of the Director of Public Prosecutions (Crown) Kapsis Solicitors (Accused) Legal Unit, New South Wales Crime Commission (NSW Crime Commission) File Number(s): 2017/354632
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