Dawson v R [2021] NSWCCA 117

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Dawson v R [2021] NSWCCA 117 Hearing dates: 14-15 April 2021 Decision date: 11 June 2021 Before: Bathurst CJ at [1]; Adamson J at [33]; Bellew J at [222] Decision: (1) Grant leave to appeal. (2) Appeal dismissed. Catchwords: CRIMINAL PROCEDURE — Stay of proceedings — Application for permanent stay refused by primary judge CRIME — Significant pre-trial publicity in the form of popular podcast and associated reports, which included matters which would be inadmissible at trial and prejudicial to the accused — Whether directions would be sufficient to ameliorate prejudice — Rare circumstances in which pre-trial publicity warrants a permanent stay of criminal proceedings CRIME — Appeals — Interlocutory appeal — By accused against interlocutory judgment — Leave to appeal against refusal of a permanent stay — Further evidence admitted — Whether the primary judge's discretion miscarried — The primary judge applied the correct test, did not fail to take into account relevant considerations and it was not unreasonable for the primary judge to refuse a permanent stay — Consideration of authorities concerning the grant of a permanent stay and the question of delay — Prejudice to the accused occasioned by pre-trial publicity and delay can be remedied or sufficiently ameliorated — Trust placed by the administration of justice in the ability of jurors to abide by directions Legislation Cited: Coroners Act 1980 (NSW), s 19 Crimes Act 1958 (Vic) Criminal Appeal Act 1912 (NSW), s 5F Criminal Code (Cth) Evidence Act 1995 (NSW), s 165B Jury Act 1977 (NSW), ss 53A, 68C Cases Cited: Brisbane South Regional Health Authority v Taylor (1996) 186 CLR 541; [1996] HCA 25 Chamberlain v The Queen (No 2) (1984) 153 CLR 521; [1984] HCA 7 Collector of Customs v Pozzolanic Enterprises Pty Ltd (1993) 43 FCR 280; [1993] FCA 456 DAO v The Queen (2011) 81 NSWLR 568; [2011] NSWCCA 63 Dupas v The Queen (2010) 241 CLR 237; [2010] HCA 20 Eastman v Director of Public Prosecutions (ACT) (No 13) [2016] ACTCA 65 House v The King (1936) 55 CLR 499; [1936] HCA 40 Jago v District Court of New South Wales (1989) 168 CLR 23; [1989] HCA 46 Longman v The Queen (1989) 168 CLR 79; [1989] HCA 60 Macdonald v R; Maitland v R (2016) 93 NSWLR 736; [2016] NSWCCA 306 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332; [2013] HCA 18 Murphy v The Queen (1989) 167 CLR 94; [1989] HCA 28 Pell v The Queen [2020] HCA 12 R v Abu Hamza [2007] QB 659 R v Basha (1989) 39 A Crim R 337 R v Dawson [2020] NSWSC 1221 R v MacDonald (Court of Appeal (NSW), 12 December 1995, unrep) R v Sio (No 3) [2013] NSWSC 1414 R v Steffan (1993) 30 NSWLR 633 Small v K & R Fabrications (W'gong) Pty Ltd [2016] NSWCA 70 Strickland (a pseudonym) v Commonwealth Director of Public Prosecutions (2018) 266 CLR 325; [2018] HCA 53 The Queen v Edwards [2009] HCA 20; (2009) 83 ALJR 717 The Queen v Glennon (1992) 173 CLR 592; [1992] HCA 16 Tuckiar v The King (1934) 52 CLR 335; [1934] HCA 49 Victoria International Container Terminal Limited v Lunt [2021] HCA 11; (2021) 95 ALJR 363 Williams v Spautz (1992) 174 CLR 509; [1992] HCA 34 Texts Cited: Criminal Trial Courts Bench Book Category: Principal judgment Parties: Christopher Michael Dawson (Applicant) Regina (Respondent) Representation: Counsel: P Boulten SC (Applicant) S Dowling SC / E Blizard (Respondent)