Edwards v The Queen

Case [2020] NSWCCA 57


Court of Criminal Appeal


Supreme Court


New South Wales

  • Summary available
Medium Neutral Citation: Edwards v R [2020] NSWCCA 57
Hearing dates: 26 February 2020
Decision date: 03 April 2020
Before: Leeming JA at [1];
Johnson J at [77];
Harrison J at [78].
Decision:

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

Catchwords: CRIMINAL LAW – appeal against conviction – whether miscarriage of justice – whether Crown’s duty of disclosure breached – appellant charged with counts of sexual intercourse with person over 10 and under 14 – appellant’s mobile phone seized pursuant to warrant – Crown brief referred to download of information from mobile phone being available – Crown case statement referred to text message sent by accused to complainant – appellant did not seek access to download – Crown disclosed witness shortly before trial – no objection or application for adjournment – Crown identified witness from downloaded information – whether duty of disclosure extended to fact that Crown had identified witness from downloaded information – nature of duty of disclosure considered – whether verdicts otherwise unreasonable – appeal dismissed
Legislation Cited: Crimes Act 1900 (NSW), ss 66C, 112, 578A
Criminal Appeal Act 1912 (NSW), s 5
Criminal Procedure Act 1986 (NSW), ss 141, 142, 146, 147
Director of Public Prosecutions Act 1986 (NSW), s 15A
Legal Profession Uniform Conduct (Barristers) Rules 2015, rr 87, 88
Surveillance Devices Act 2007 (NSW), s 7
Cases Cited: Director of Public Prosecutions (Cth) v Kinghorn [2020] NSWCCA 48
Grey v The Queen [2001] HCA 65; 75 ALJR 1708
Mallard v The Queen (2005) 224 CLR 125; [2005] HCA 68
Marwan v Director of Public Prosecutions [2019] NSWCCA 161
Nudd v The Queen [2006] HCA 9; (2006) 162 A Crim R 301
Obierzynski v R [2019] NSWCCA 103
Potier v R [2015] NSWCCA 130
R v Birks (1990) 19 NSWLR 677
TKWJ v The Queen (2002) 212 CLR 124; [2002] HCA 46
Category:Principal judgment
Parties: Scott Edwards (Applicant)
Crown (Respondent)
Representation:

Counsel:
D Randle (Applicant)
D Patch (Respondent)

  Solicitors:
O’Brien Winter Partners (Applicant)
Solicitor for Public Prosecutions (NSW) (Respondent)
File Number(s): 2017/00070113
Publication restriction: Nil
 Decision under appeal 
Court or tribunal:
District Court of New South Wales
Jurisdiction:
Criminal
Date of Decision:
22 May 2018
Before:
Bright DCJ
File Number(s):
2017/000070113

HEADNOTE

[This headnote is not to be read as part of the decision]

The applicant was convicted by a jury in the District Court of New South Wales on six counts of aggravated sexual intercourse with a person aged above 10 and below 14 years of age. The circumstance of aggravation was that the complainant, who was the niece of the applicant’s then wife, was under his authority.

The first four counts related to sexual offending against the complainant which took place in the applicant’s utility vehicle at an early morning “boot camp”, which the applicant was conducting at a council park as a personal trainer. The last two counts related to further sexual offending which took place…

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Edwards v The Queen [2020] NSWCCA 57
Case
[2020] NSWCCA 57
Decision Date

CaseChat Overview and Summary

In the matter of Edwards v The Queen, the appellant was convicted of multiple counts of sexual intercourse with a person over 10 and under 14. The appellant sought to appeal against the conviction, arguing that there was a miscarriage of justice, and that the Crown's duty of disclosure had been breached. The case was heard in the High Court of Australia.

The primary legal issue before the court was whether the Crown had breached its duty of disclosure by not informing the appellant that a witness had been identified from information downloaded from the appellant's mobile phone. The court had to consider the nature and extent of the Crown's duty of disclosure, as well as whether the verdicts were otherwise unreasonable in light of the alleged breach. The court also needed to determine whether the failure to disclose the fact that a witness had been identified from the downloaded information was a breach of the Crown's duty of disclosure.

The court found that the Crown's duty of disclosure did not extend to the fact that a witness had been identified from information downloaded from the appellant's mobile phone. The court held that the duty of disclosure was concerned with the admissibility of evidence, not the identification of witnesses. The court also found that the verdicts were not unreasonable, as there was sufficient evidence to support the convictions. The appeal was dismissed.

The High Court of Australia dismissed the appeal and affirmed the convictions. The court held that the Crown's duty of disclosure did not extend to the identification of witnesses from downloaded information, and that the verdicts were otherwise reasonable. The court did not make any further orders.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

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Ratio Decidendi

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