R v AC [2018] NSWDC 127

District Court New South Wales

Medium Neutral Citation: R v AC [2018] NSWDC 127 Hearing dates: 26 March 2018, 20 April 2018 and 2 May 2018 Decision date: 21 May 2018 Jurisdiction: Criminal Before: Colefax SC DCJ Decision: 1. Order: The Counts on the indictment in this matter shall be severed and tried separately (and consecutively), as follows: (a) a trial in respect of the counts alleging offences against CC. (b) a trial in respect of the counts alleging offences against CR. (c) a trial in respect of the count alleging an offence against RP. (d) a trial in respect of the count alleging an offence against DB. (e) a trial in respect of the count alleging an offence against NM. 2. Direct: The Crown to inform the solicitor for the accused in writing by 5pm, 28 May 2018 in what order the back to back trials are to be run by the Crown. Catchwords: CRIMINAL LAW - repeated failure by the Crown to comply with notice requirements for Tendency Notices - dispensing with Notice requirements - application to dispense with Notice requirements refused - back to back trials - electronic filing of indictments - procedural difficulties. Legislation Cited: Evidence Act 1995 (NSW), ss 97 and 99, Uniform Civil Procedure Rules, Part 31.5 and District Court Rules, s53.10C Criminal Procedure Act, s130A. Cases Cited: Clancy v Director of Public Prosecutions [2018] NSWCA 102, R v Harker [2004] NSWCCA 427, R v Hughes [2017] HCA 8, R v RJ [2011] NSWDC 158. Category: Procedural and other rulings Parties: Regina (Crown)