Wednesday, 25 November 2015

Prosecution ordered to disclose full criminal history of witnesses and victims

The recent ex tempore decision of Justice McMeekin in The Queen v Stanley Stanley Jnr [2015] QSC 327 has resolved the issue of whether or not the prosecution must disclose full criminal histories of witnesses, and deceased persons who are allegedly the victims of murder, to the defence. His Honour determined that the obligation to provide all documents to the defendant which might reasonably assist in his or her defence over-rides any rights of witnesses or deceased persons to prevent old offences being brought to light. His Honour found that the operation of s590 AB of the Criminal Code did not prevent the disclosure of old offences, including spent offences.

The full decision can be read here.

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