NSW Caselaw
District Court New South Wales
Medium Neutral Citation: R v Kaddour (No 2) [2019] NSWDC 405 Hearing dates: 26 March 2019, 10 May 2019, 21 June 2019, 10 July 2019 Date of orders: 31 July 2019 Decision date: 31 July 2019 Jurisdiction: Criminal Before: Bright DCJ Decision: Crown application to reopen the Crown case declined. Catchwords: CRIMINAL – Judge Alone Trial - procedure – reopening of Crown case after closing of defence case and completion of closing addresses - whether failure to call evidence an oversight Legislation Cited: Criminal Procedure Act 1986 Drug Misuse and Trafficking Act, 1985 Cases Cited: Killick v The Queen [1981] HCA 63; (1981) 147 CLR 565 Lawrence v The Queen (1981) 38 ALR 1 R v Kaddour [2019] NSWDC 243 R v Wasow (1985) 18 A Crim R 348 Reg. v Levy and Tait (1966) 50 CrAppR 198 Shaw v The Queen (1952) 85 CLR 365 The Queen v Chin (1984-1985) 157 CLR 671 Category: Procedural and other rulings Parties: Regina (Crown) Ahmed Kaddour (Accused) Representation: Counsel: Mr Lange for the Accused
Solicitors: Mr Whitaker for the Crown Lange Law for the Accused File Number(s): 2015/371832 Publication restriction: Nil
Judgment – APPLICATION to reopen crown case 1. On 21 June 2019 an application was made by the Crown to reopen the Crown case to lead the evidence of Detective Senior Constable Brest (Voir Dire Exhibit G). 2. Mr Lange on behalf of the accused opposed the application.
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