R v Warwick (No.10)
[2018] NSWSC 511
•23 April 2018
Supreme Court
New South Wales
- Amendment notes
Medium Neutral Citation: R v Warwick (No.10) [2018] NSWSC 511 Hearing dates: 23 April 2018 Date of orders: 23 April 2018 Decision date: 23 April 2018 Jurisdiction: Common Law - Criminal Before: Garling J Decision: The accused be entitled to be provided with a copy of the transcript of all pre-trial hearings in this Court as and from 31 March 2017 to date without the payment of any fee. That order is subject to the accused making appropriate application to the Reporting Services Branch
Catchwords: CRIMINAL PROCEDURE – notice of motion seeking a copy of transcripts for all pre-trial proceedings – where cost of transcripts was estimated to be substantial – interests of justice – access to transcripts granted Legislation Cited: Not Applicable Cases Cited: Not Applicable Texts Cited: Not Applicable Category: Procedural and other rulings Parties: The Crown
Leonard John Warwick (Accused)Representation: Counsel:
Solicitors:
K McKay / G Christofi (Crown)
A Conolly / E Ramsay (Accused)
Director of Public Prosecutions (Crown)
A R Conolly & Co (Accused)
File Number(s): 2015/222068 Publication restriction: Not to be published until after return of verdict by Jury or further order of the Court. Non publication order lifted on 14 February 2020.
ex tempore Judgment
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On 11 April 2018 the accused filed in court a Notice of Motion in which paragraphs 1 and 4 dealt with a request for a copy of the transcripts of pre‑trial proceedings of any hearing which had taken place in this Court.
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The request was accompanied by a submission that, having regard to the financial position of the accused and the likely cost of transcripts to date and for the balance of the trial (which is estimated to take about six months), the financial burden on the accused would be a very heavy one. Accordingly, it would be contrary to the interests of justice for the accused not to have access to a copy of the transcripts of the pre‑trial hearings and the trial.
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In support of that Motion, an estimate was given that it would cost about $150,000 for the provision of the transcript of the pre-trial hearing and of the trial.
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It was further submitted that submissions on any current Motion would be difficult to prepare if the transcripts of the pre-trial hearings were unable to be reviewed.
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Ordinarily in proceedings in the criminal jurisdiction, a transcript of relevant pre‑trial argument and the trial is made available to both the Crown and the accused. In circumstances where the accused is the subject of a grant of Legal Aid and their defence is being funded by the Legal Aid authorities, there are standing arrangements between the Legal Aid authorities, the office of the Director of Public Prosecutions and the Reporting Services Branch with respect to the way in which transcript is provided.
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In this case, the accused is not the subject of a grant of Legal Aid to assist in his defence. He has some, but not unlimited, assets to assist in funding his defence. The assets, whilst not insubstantial, can be predicted to be significantly consumed by the ordinary legal costs of the trial without the additional burden of approximately $150,000 for the transcript.
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In my view, the interests of justice would be best served by the provision of a copy of the transcript of all pre‑trial hearings to the accused without cost.
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I am also of the same view with respect to the transcript of the trial. However, given that the Court has sought the provision of real time transcript, I need to make some further enquiries of an administrative kind before finalising an order for transcripts with respect to the trial.
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However, in light of the Motion, I am prepared to make an order that the accused be entitled to be provided with a copy of the transcripts of all pre‑trial hearings in this Court as and from 31 March 2017 to date without the payment of any fee. That order is subject to the accused making an appropriate application to the Reporting Services Branch.
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I will give consideration in due course to making an order of a similar kind with respect to the daily transcript of the trial. I will therefore stand that matter over to the commencement date of the trial on 14 May 2018.
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Amendments
18 February 2020 - Non publication order lifted on 14 February 2020.
Decision last updated: 18 February 2020
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