R v Danishyar [2023] NSWSC 922

Supreme Court New South Wales

Medium Neutral Citation: R v Danishyar [2023] NSWSC 922 Hearing dates: 28 July 2023 Date of orders: 8 August 2023 Decision date: 08 August 2023 Jurisdiction: Common Law Before: N Adams J Decision: The application by the Crown for material to be released under s 45(5) of the Crime Commission Act 2012 (NSW) is refused. Catchwords: CRIME – evidence – murder – joint criminal enterprise – accessory before the fact – application to release evidence given before Crime Commission – s 45(4) and (5) Crime Commission Act 2012 (NSW) –whether disclosure in the interests of justice – factors weighing for and against disclosure – public interest immunity Legislation Cited: Crime Commission Act 2012 (NSW), ss 21, 24, 25, 27, 39, 45 Director of Public Prosecutions Act 1986 (NSW), s 15A Cases Cited: R v Hawat (No 1) [2019] NSWSC 1583 R v McCloskey (No 1) [2020] NSWSC 771 R v Munshizada, Danishyar and Baines [2020] NSWSC 566 R v Quami (No 11) [2016] NSWSC 252 R v Sultani; R v Munshizada; R v Baines; R v Danishyar [2021] NSWSC 1654 Category: Procedural rulings Parties: Rex (Crown) Mirwais Danishyar (Accused) New South Wales Crime Commission (Applicant) Representation: Counsel: Mr D Patch (Crown) Ms N Carroll (Accused) Ms A Douglas-Baker (Applicant)

Solicitors: Solicitor for Director Public Prosecutions (Crown) Fahmy Lawyers (Accused) Crown Solicitor's Office (Applicant) File Number(s): 2020/350096 Publication restriction: Nil.