R v Sim (No.1) [2019] NSWDC 309

District Court New South Wales

Medium Neutral Citation: R v Sim (No.1) [2019] NSWDC 309 Hearing dates: 15 April 2019 Decision date: 15 April 2019 Jurisdiction: Criminal Before: Colefax SC DCJ Decision: Leave granted to physically file the indictment in Court - Judge's associate directed not to manually process the indictment on the JusticeLink system - matter for Registrar whether any member of the Registry enters the indictment into JusticeLink. Catchwords: Application for leave to file indictment - cannot be electronically filed because of JusticeLink programming Cases Cited: R v AC [2018] NSWDC 127 Category: Procedural and other rulings Parties: Regina (Crown)

Jungjin Sim (Accused) Representation: Mr Paish (Crown Prosecutor)

Mr Fraser (Counsel for the offender) File Number(s): 2017/377227 Publication restriction: Non publication order of the identity of the first complainant.

JUDGMENT ​ 1. In this matter the Crown seeks leave to file an indictment. 2. The indictment cannot be electronically filed because, as currently programmed, the JusticeLink system cannot cope with an indictment which contains, for any particular count, two different law part codes. 3. Almost a year ago, on 21 May 2018, I published a judgment in the matter of R v AC [2018] NSWDC127 in which, amongst other things, I addressed this programming difficulty with JusticeLink. I noted then, all those many months ago, that the JusticeLink support team, as it is called, had been aware of the problem I had identified in that matter on 26 March 2018 for some time. 4. I noted in that judgment that a number of senior members of the court registry staff, both in the Paramatta registry and in other places, have been concerned at the implications of electronically entering indictments into the JusticeLink system by leaving off end dates. I said in that judgment that I, like those registry staff, was of the opinion that the removal of any end date which appears on an indictment from the JusticeLink entry would result in an erroneous entry being made in the Court's computer system. I am still of that opinion. 5. As in the case of AC, I shall grant leave to the Crown to physically file in Court the indictment which cannot electronically be filed. 6. As in the case of AC, I direct my associate not to manually process the entry of that indictment onto the Justice Link system because of these concerns I have just expressed. 7. And as in R v AC, it is a matter for the Paramatta District Court registrar as to whether or not the indictment will be entered by any member of that registry into the JusticeLink system. DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 10 July 2019