Regina v Heatley [2003] NSWCCA 163

New South Wales Court of Criminal Appeal

CITATION : Regina v Heatley [2003] NSWCCA 163 HEARING DATE(S) : 27 May 2003 JUDGMENT DATE : 18 June 2003

JUDGMENT OF : Grove J at 1; Sully J; Barr J DECISION : APPEAL DISMISSED

CATCHWORDS : PRODUCTION OF DOCUMENTS - ORDER BY TRIAL JUDGE - APPEAL NOT PRESSED LEGISLATION CITED : Criminal Appeal Act 1912, s5F PARTIES : Regina v Earl Heatley FILE NUMBER(S) : CCA 60170/03 1. P. Lakatos (Attorney General and Cmr of Police) COUNSEL : 2. T. Thorpe (Crown) 3. W. Terracini SC (Accused Heatley) 1. Crown Solicitor SOLICITORS : 2. Solicitor of Public Prosecutions 3. Mark Klees & Associates

LOWER COURT Supreme Court JURISDICTION : LOWER COURT 70069/03 FILE NUMBER(S) : LOWER COURT Kirby J JUDICIAL OFFICER :

IN THE COURT OF CRIMINAL APPEAL 60170/03

GROVE J SULLY J BARR J

18 June 2003 REGINA v EARL HEATLEY Judgment

1 GROVE J: In this appeal, the Court was constituted by Sully J, Barr J and myself. An appeal was brought during the currency of the trial of the accused, Mr Heatley, pursuant to s 5F of the Criminal Appeal Act. Such an appeal lies as of right when brought by the Attorney General who has joined in the proceedings in the appeal which related to orders made by the presiding trial judge concerning the production of certain documents. The detail of this need not presently be recited. 2 In the course of the appeal, the Bench suggested that the parties might consider procedures which would fulfil the requirements of the accused to properly conduct his defence and assuage the fears expressed on behalf of the appellant concerning the matters which gave rise to the resistance against the order made by the trial judge. 3 The Court was informed that such an accommodation had been reached and the matter was adjourned part heard for the purpose of seeing whether or not the agreement, as it were, could be successfully implemented. It was indicated that if that occurred, the matter could be mentioned before a single judge and the matter would be disposed of accordingly. 4 Mr Schultz appears today for the Attorney General and the Commissioner of Police and informs me that the matter has been concluded in accordance with what was foreshadowed at the hearing before the full bench. Accordingly, I order that the appeal be dismissed. **********