Edwards v. The Queen
Case No.
S235/2020
Case Information
Lower Court Judgment
03/04/2020 Supreme Court of New South Wales (Court of Criminal Appeal) (Leeming JA, Johnson & Harrison JJ)
Catchwords
Criminal law – Prosecution’s duty of disclosure – Unreasonable verdict – Where applicant charged with sexual offences against child – Where applicant’s mobile phone seized and contents downloaded – Where prosecution disclosed existence of download and offered to provide applicant with copy of downloaded data – Where data was not provided to applicant – Where prosecution did not disclose relevance of download data – Where prosecution case on two counts relied on evidence of complainant – Where defence case on same counts relied on documentary evidence contradicting complainant’s evidence – Where NSW Court of Criminal Appeal (“CCA”) dismissed appeal against conviction –Whether prosecutor breached duty of disclosure by not providing download data to applicant, contrary to s 142 of Criminal Procedure Act 1987 (NSW) – Whether CCA erred in concluding verdicts on two counts not unreasonable as there remained reasonable doubt as to existence of opportunity for offending to have occurred.
Documents
08/12/2020 Hearing (SLA, Canberra)
18/12/2020 Notice of appeal
05/02/2021 Written submissions (Appellant - further redacted)
05/02/2021 Chronology (Appellant - further redacted)
08/03/2021 Written submissions (Respondent)
17/03/2021 Reply
19/05/2021 Hearing (Full Court, Canberra)
19/05/2021 Outline of oral argument (Appellant)
19/05/2021 Outline of oral argument (Respondent)
06/10/2021 Judgment (Judgment summary)