Dawson v R

Case [2021] NSWCCA 117



Court of Criminal Appeal
Supreme Court

New South Wales

Case Name: 

Dawson v R

Medium Neutral Citation: 

[2021] NSWCCA 117

Hearing Date(s): 

14-15 April 2021

Decision Date: 

11 June 2021

Before: 

Bathurst CJ at [1]; Adamson J at [33]; Bellew J at [222]

Decision: 

(1)   Grant leave to appeal.
(2)   Appeal dismissed.

Catchwords: 

CRIMINAL PROCEDURE — Stay of proceedings — Application for permanent stay refused by primary judge
 
CRIME — Significant pre-trial publicity in the form of popular podcast and associated reports, which included matters which would be inadmissible at trial and prejudicial to the accused — Whether directions would be sufficient to ameliorate prejudice — Rare circumstances in which pre-trial publicity warrants a permanent stay of criminal proceedings
 
CRIME — Appeals — Interlocutory appeal — By accused against interlocutory judgment — Leave to appeal against refusal of a permanent stay — Further evidence admitted — Whether the primary judge’s discretion miscarried — The primary judge applied the correct test, did not fail to take into account relevant considerations and it was not unreasonable for the primary judge to refuse a permanent stay — Consideration of authorities concerning the grant of a permanent stay and the question of delay — Prejudice to the accused occasioned by pre-trial publicity and delay can be remedied or sufficiently ameliorated — Trust placed by the administration of justice in the ability of jurors to abide by directions

Legislation Cited: 

Coroners Act 1980 (NSW), s 19
Crimes Act 1958 (Vic)
Criminal Appeal Act 1912 (NSW), s 5F
Criminal Code (Cth)
Evidence Act 1995 (NSW), s 165B
Jury Act 1977 (NSW), ss 53A, 68C

Cases Cited: 

Brisbane South Regional Health Authority v Taylor (1996) 186 CLR 541; [1996] HCA 25
Chamberlain v The Queen (No 2) (1984) 153 CLR 521; [1984] HCA 7
Collector of Customs v Pozzolanic Enterprises Pty Ltd (1993) 43 FCR 280; [1993] FCA 456
DAO v The Queen (2011) 81 NSWLR 568; [2011] NSWCCA 63
Dupas v The Queen (2010) 241 CLR 237; [2010] HCA 20
Eastman v Director of Public Prosecutions (ACT) (No 13) [2016] ACTCA 65
House v The King (1936) 55 CLR 499; [1936] HCA 40
Jago v District Court of New South Wales (1989) 168 CLR 23; [1989] HCA 46
Longman v The Queen (1989) 168 CLR 79; [1989] HCA 60
Macdonald v R; Maitland v R (2016) 93 NSWLR 736; [2016] NSWCCA 306
Minister for Immigration and Citizenship v Li (2013) 249 CLR 332; [2013] HCA 18
Murphy v The Queen (1989) 167 CLR 94; [1989] HCA 28
Pell v The Queen [2020] HCA 12
R v Abu Hamza [2007] QB 659
R v Basha (1989) 39 A Crim R 337
R v Dawson [2020] NSWSC 1221
R v MacDonald (Court of Appeal (NSW), 12 December 1995, unrep)
R v Sio (No 3) [2013] NSWSC 1414
R v Steffan (1993) 30 NSWLR 633
Small v K & R Fabrications (W’gong) Pty Ltd [2016] NSWCA 70
Strickland…

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Dawson v R [2021] NSWCCA 117
Case
[2021] NSWCCA 117
Decision Date

CaseChat Overview and Summary

In the case of Dawson v R, the accused sought a permanent stay of criminal proceedings based on the significant pre-trial publicity generated by a popular podcast and associated media reports, which included inadmissible and prejudicial information. The matter was heard in the High Court of Australia, which reviewed the primary judge’s refusal to grant a permanent stay and the subsequent interlocutory appeal by the accused.

The legal issues before the court involved the extent to which the pre-trial publicity could warrant a permanent stay of proceedings, and whether directions to the jury would be sufficient to ameliorate any potential prejudice. The court was also required to consider whether the primary judge’s discretion in refusing the stay was correctly exercised and whether the accused's right to a fair trial was compromised.

The High Court held that the primary judge had applied the correct test in determining whether a permanent stay was warranted. The court found that the pre-trial publicity, while prejudicial, did not reach the threshold of "rare circumstances" necessary to justify a permanent stay. The court placed trust in the ability of jurors to follow directions, concluding that any prejudice could be remedied or sufficiently mitigated. The court further found that the primary judge had not miscarried in their discretion and that it was not unreasonable for the stay to be refused. The appeal against the interlocutory judgment was dismissed, and the proceedings were allowed to continue.

The court did not find it necessary to make any further orders beyond dismissing the appeal and affirming the primary judge's decision.

Orders

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Background

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Evidence

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Decision

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