R v Spinks; NSW Crime Commission v Spinks (No 2) [2020] NSWSC 1844

Supreme Court New South Wales

Medium Neutral Citation: R v Spinks; NSW Crime Commission v Spinks (No 2) [2020] NSWSC 1844 Hearing dates: 3 December 2020 Date of orders: 3 December 2020 Decision date: 03 December 2020 Jurisdiction: Common Law Before: Hamill J Decision: (1) Pursuant to section 45(5) of the Crime Commission Act 2012 (NSW) the transcripts of Witness A's evidence before the New South Wales Crime Commission ("NSWCC") on 21 March 2019 and of Witness B's evidence before the NSWCC on 1 August 2019, be provided to the Prosecutor and his solicitors and to the legal practitioners representing Mr Spinks. This material is to be released subject to the redactions made to it by the Crime Commission for reasons of confidentiality and public interest immunity. Catchwords: CRIMINAL LAW - murder - release of confidential evidence - reluctant witnesses - incongruous bowing - whether evidence given to Crime Commission should be released to the parties - where witnesses advised the evidence would not be published - eye witness to alleged murder - where witness objects to release of material - where witness failed to provide statement to police - policy reasons against release - stringent legal test - factors relevant to exercise of power Legislation Cited: Crime Commission Act 2012 (NSW), s 45(5) Cases Cited: R v Hawat (No 1) [2019] NSWSC 1583 R v Jaghbir (No 2) [2020] NSWSC 955 R v McCloskey (No 1) [2020] NSWSC 771 R v Sparos [2018] NSWSC 568 R v Spinks; NSW Crime Commission v Spinks [2020] NSWSC 1708 Category: Procedural rulings Parties: Regina Matthew Henry Spinks NSW Crime Commission Representation: Counsel: D Scully (Crown) J Manuell SC (Spinks) R Bhalla (Crime Commission)