R v Parkes (No 2) [2024] NSWSC 288

Supreme Court New South Wales

Medium Neutral Citation: R v Parkes (No 2) [2024] NSWSC 288 Hearing dates: 19 March 2024 Date of orders: 19 March 2024 Decision date: 21 March 2024 Jurisdiction: Common Law Before: N Adams J Decision: (1) Order that pursuant to s 45(5) of the Crime Commission Act 2012 (NSW) pages 46 from line 32 until page 77 of the transcript of evidence before the Commissioner Michael Barnes on XXXX be made available to the Director of Public Prosecutions and the legal representatives of Benjamin Troy Parkes. Catchwords: CRIME — Evidence — murder – co-accused – application to release evidence given before the Crime Commission – s 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), s 45 Cases Cited: R v Munshizada, Danishyar and Baines [2020] NSWSC 566 R v Parkes; R v Sloan [2024] NSWSC 16 R v Quami & Ors (No 11) [2016] NSWSC 252 Category: Procedural rulings Parties: Rex (Crown) Benjamin Troy Parkes (Accused) New South Wales Crime Commission Representation: Counsel: D Robinson (Crown) N Steel (Accused) R Bhalla (New South Wales Crime Commission) S Ramsden (Protected Witness)

Solicitors: Office of the Director of Public Prosecutions (Crown) SANS Law (Accused) Crown Solicitor's Office (New South Wales Crime Commission) File Number(s): 2021/95786 Publication restriction: Nil.