R v Parkes; R v Sloan [2024] NSWSC 16

Supreme Court New South Wales

Medium Neutral Citation: R v Parkes; R v Sloan [2024] NSWSC 16 Hearing dates: 22 September 2023 Date of orders: 22 September 2023 and 29 January 2024 Decision date: 29 January 2024 Jurisdiction: Common Law Before: N Adams J Decision: (1) The application by the Crown for material to be released under s 45(5) of the Crime Commission Act 2012 (NSW) is refused. (2) The confidential material provided under the s 45(4) Crime Commission Act 2012 (NSW) certificate be returned to the New South Wales Crime Commission, subject to the undertaking of its legal representatives to make it available as required by the court. (3) If an application is made for access to the sealed envelope referred to at [51], no such application will be considered without the New South Wales Crime Commission first being notified of it. Catchwords: CRIME – evidence – murder – co-accused – application to release evidence given before the Crime Commission – s 45(4) and 45(5) of the Crime Commission Act 2012 (NSW) – whether disclosure in the interests of justice – factors weighing for and against disclosure – two stage approach to disclosure to give witness opportunity to be heard 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: Lee v The Queen (2014) 253 CLR 455; [2014] HCA 20 R v Danishyar [2023] NSWSC 922 R v Hawat (No 1) [2019] NSWSC 1583 R v Jaghbir (No 1) [2020] NSWSC 762 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 Category: Procedural rulings Parties: Rex (Crown) Benjamin Troy Parkes (Accused) Robert Sloan (Accused) New South Wales Crime Commission (Applicant) Representation: Counsel: S Hughes (Crown) C Wasley (Accused Parkes) M Avenell SC (Accused Sloan) R Bhalla (New South Wales Crime Commission)