Edwards v R

[2020] NSWCCA 57

NSW Court of Criminal Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal against conviction
3. › Miscarriage of justice
4. › Crown's duty of disclosure
5. › Electronic material seized from accused's mobile phone
6. › Whether duty extends to interrogating disclosed material to identify exculpatory information
7. › Whether duty requires disclosure of how Crown witness identified from disclosed material
8. › Criminal Procedure Act 1986 (NSW), ss 141, 142, 146, 147
9. › Director of Public Prosecutions Act 1986 (NSW), s 15A
1. Criminal Law
2. › Appeal against conviction
3. › Unreasonable verdict
4. › Sexual offences against child
5. › Inconsistencies in complainant's evidence
6. › Whether open to jury to convict
7. › Advantage of jury in assessing witnesses

Quick Take

Where the Crown has disclosed the entirety of a large body of electronic material (such as a Cellebrite download of a mobile phone), the duty of disclosure does not extend to interrogating that material to identify potentially exculpatory information or to disclosing how the material was used to identify Crown witnesses. The adversarial nature of litigation means it is for the defence to determine how to deploy disclosed material. The statutory duties under ss 141 and 142 of the Criminal Procedure Act 1986 (NSW) and s 15A of the Director of Public Prosecutions Act 1986 (NSW) are satisfied by disclosure of the material itself.