Chidiac v R [2016] NSWCCA 23

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Chidiac v R [2016] NSWCCA 23 Hearing dates: 22 February 2016 Decision date: 24 February 2016 Before: Hoeben CJ at CL at [1] Adamson J at [2] Button J at [3] Decision: (1) A certificate is to be issued by the Registry of the New South Wales Criminal Court of Appeal pursuant to s 39A of the Mutual Assistance in Criminal Matters Act 1987 (Cth) that it would be in the interests of justice for the Attorney-General of the Commonwealth to make a request to the Solomon Islands that evidence be taken from Mr Alfred Oti of unknown address and occupation; that that evidence be tape-recorded on video tape; and that an opportunity be given for the legal representative of Mr Neil Chidiac and of the Commonwealth Director of Public Prosecutions to examine and cross-examine Mr Oti, either in person or through a video-link from Australia. Catchwords: CRIMINAL LAW – Mutual Assistance in Criminal Matters Act 1987 (Cth) – part heard appeal against conviction – application for certificate for request for evidence to be taken in a foreign country Legislation Cited: Crimes (Appeal and Review) Act 2001 (NSW), s 79(1)(b) Customs Act 1901 (Cth), s 233B Evidence Act 1995 (NSW), s 65 Mutual Assistance in Criminal Matters Act 1987 (Cth), ss 12, 39A, 39A(1A)(b), 39A(2), 39A(3), 39A(3)(a), 39A(3)(b), 39A(3)(c), 39A(3)(d), 39A(3)(e) Cases Cited: Chidiac v R [1991] HCA 4; (1991) 171 CLR 432 R v Chidiac; R v Asfour (Court of Criminal Appeal (NSW), 15 December 1989, unrep) Re Chidiac [2015] NSWSC 157 Category: Procedural and other rulings Parties: Neil Chidiac Regina Representation: Counsel: D Bennett QC (Applicant) A Flecknoe-Brown (Applicant) C'ODonnell (Regina)