Leiper v R [2018] NSWCCA 117

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Leiper v R [2018] NSWCCA 117 Hearing dates: 4 June 2018 Date of orders: 08 June 2018 Decision date: 08 June 2018 Before: Leeming JA; Bellew J; Wilson J Decision: Leave to appeal is refused. Catchwords: CRIMINAL LAW – stay of proceedings – accused charged with unlawfully killing his disabled daughter – police investigation produced 370 hours of sound recordings from listening device – none of recordings incriminated accused – recordings all disclosed to accused in 2016 – Legal Aid unwilling to pay for lawyers to listen to recordings – Crown unwilling to provide transcripts – trial judge refused to grant stay pending provision of transcripts – whether leave should be granted to appeal from refusal to grant stay – where insufficient prospects of success – where allowing appeal would likely result in vacating the trial – leave refused Legislation Cited: Crimes Act 1900 (NSW), s 18 Criminal Appeal Act 1912 (NSW), s 5F Criminal Appeal Rules (NSW), r 5B Criminal Procedure Act 1986 (NSW), ss 141, 142 Cases Cited: R v Seller; R v McCarthy (2015) 89 NSWLR 155; [2015] NSWCCA 76 Category: Principal judgment Parties: David Alexander Leiper (Applicant) Regina (Respondent) Representation: Counsel: BW Walker SC, M Fokkes (Applicant) N Adams (Respondent)

Solicitors: Legal Aid NSW (Applicant) Solicitor for Public Prosecutions (Respondent) File Number(s): 2014/51774 Publication restriction: Judgment will not be published on Caselaw until conclusion of trial. Decision under appeal Court or tribunal: District Court of New South Wales Jurisdiction: Criminal Citation: Nil Date of Decision: 25 September 2017 Before: His Honour Judge Ellis DCJ File Number(s): 2014/51774