R v Al Batat & Ors (No 6) [2020] NSWSC 1079

Supreme Court New South Wales

Medium Neutral Citation: R v Al Batat & Ors (No 6) [2020] NSWSC 1079 Hearing dates: 11 August 2020 Date of orders: 18 August 2020 Decision date: 18 August 2020 Jurisdiction: Common Law Before: Hamill J Decision: Application under s 146 of the Criminal Procedure Act 1984 (NSW) to exclude the telephone records is refused. Catchwords: CRIMINAL LAW – evidence - exasperation - futility - case management orders - statutory disclosure requirements - failure to comply with disclosure requirements - service by metaphorical dump truck - contempt for court orders - deterrence - application to exclude evidence - relevant considerations - where lawyers for accused repeatedly sought telephone evidence to be disclosed - where prosecution indicates telephone schedules provided - where police continue investigation - where new telephone service attributed to the accused - police serve evidence after date scheduled for trial - parties blindsided - failure to conduct timely and thorough investigation - unreasonably onerous task cast on accused lawyers - where trial delayed - no further prejudice to accused - evidence potentially important Legislation Cited: Criminal Procedure Act 1986 (NSW), Pt 2, Div 3, s 146 Category: Procedural and other rulings Parties: Regina NSW Commissioner of Police Abdallah Hassan Al Batat Ying Cheng Luo Ian Fan Jaiyu Liu Jacob Blake Bayliss Nai An Li Representation: Counsel: P Hogan (Crown) R Bhalla (Commissioner) B Rigg SC (Al Batat) R Webb (Luo) T Quilter (Fan) N Carroll (Liu) A Norrie (Bayliss) D Carroll (Li)