CRIME — appeals — appeal against conviction — whether miscarriage of justice occurred — where prosecution breached its duty of disclosure — whether proviso should be applied — appeal allowed
Quick Take
1Where a prosecution breach of the duty of disclosure directly affects the ability of the accused to challenge the credibility of a witness whose evidence is central to the Crown case, the resulting miscarriage of justice will ordinarily prevent the appellate court from applying the proviso, because the court is deprived of the capacity to assess whether guilt was proved to the criminal standard.
2Admissions by an accused that are closely intertwined with, or explained and interpreted by, the evidence of a witness whose credibility has been compromised by non-disclosure cannot be treated as independent evidence sufficient to render a conviction inevitable for proviso purposes.
3The Crown's duty of disclosure extends not only to benefits conferred on a witness (such as a sentencing discount) but also to related matters such as police letters supporting the witness's bail application and their timing relative to the obtaining of witness statements.
