R v Kinghorn (No 6) [2020] NSWSC 1028

Supreme Court New South Wales

Medium Neutral Citation: R v Kinghorn (No 6) [2020] NSWSC 1028 Hearing dates: 5 August 2020 Decision date: 05 August 2020 Jurisdiction: Common Law Before: Adamson J Decision: (1) On or before 4.30pm on Wednesday, 23 September 2020, the accused is to file and serve written submissions on the Leach separate question, written submissions on the substratum of facts, and a copy of the accused's tender bundle. (2) On or before 4.30pm on Wednesday, 7 October 2020, the Crown is to file and serve written submissions in answer. (3) On or before 4.30pm on Wednesday, 14 October 2020, the accused is to file and serve reply submissions. (4) Liberty to apply on 3 days' notice to the Associate to Adamson J. (5) Note that the form of the separate question is determined in accordance with the accused's draft (marked MFI 1), but reserve the question as to whether the order should be made pending determination of the accused's special leave application which is listed for hearing on 11 September 2020. Catchwords: CRIMINAL PROCEDURE — separate question to be determined before trial — effect of R v Leach [2019] 1 Qd R 459 — determination of form of question Legislation Cited: Income Tax Assessment Act 1936 (Cth), s 264 Cases Cited: Director of Public Prosecutions (Cth) v Kinghorn; Kinghorn v Director of Public Prosecutions (Cth) [2020] NSWCCA 48 R v Leach [2019] 1 Qd R 459; [2018] QCA 131 Category: Procedural and other rulings Parties: Regina John Alan Kinghorn (Accused) Representation: Counsel: D Staehli SC / K Curry (Crown) B Walker SC / S Buchen SC / G Huxley / H Atkin (Accused)