R v Sinai (No 4)

The defendants, in this case, were charged with serious criminal offences. The Crown sought to call a key witness, a woman who had been involved with one of the accused. The woman had previously made statements to the police and had been called as a witness by the defence. However, the Crown had not disclosed their intention to call her until the day before the trial. The defence objected to the Crown calling the witness, citing late disclosure and arguing that it amounted to an abuse of process. The Crown, on the other hand, argued that the witness was compellable and that her evidence was crucial to their case.

The court had to determine whether the Crown's late disclosure of the witness's evidence constituted an abuse of process, warranting exclusion of the evidence. Additionally, the court had to consider whether the wife of one of the accused, who was also the mother of their children, should be compelled to testify despite her objection. The court had to weigh the potential harm to the children against the importance of her testimony.

The court found that the Crown's late disclosure did not amount to an abuse of process. The witness's evidence was not excluded, as the court found that the Crown had acted reasonably in calling the witness and that the defence had not been prejudiced by the late disclosure. Furthermore, the court found that the wife's evidence was compellable, despite her objection. The court held that the importance of her testimony outweighed the potential harm to the children, and she was compelled to give evidence.

The court ordered that the witness's evidence be admitted and that the wife of one of the accused be compelled to testify. The trial proceeded with the witness giving evidence and the wife testifying under compulsion.