R v Ryan (a pseudonym) (No.2) [2021] NSWDC 733

R v Ryan (a pseudonym) (No.2) [2021] NSWDC 733

The adjournment was granted because, at face value and unexplained, the offender's recorded conversation and the manner in which she spoke did not appear to be consistent with the conclusions of the expert reports, and fairness to both the offender and the Crown required that apparent inconsistency to be addressed by allowing Professor Woods to consider the material and be cross-examined.

Jurisdiction
Australia
Judgment Date
19 November 2021
Procedural Posture
Criminal Sentence Proceedings / Application by Crown to Adjourn Proceedings to Cross Examine Expert Witness
Outcome
Application by Crown to adjourn proceedings in order to cross-examine expert witness granted.
Legal Topics
['adjournment' 'cross Examination of Expert Witness' 'expert Reports' 'recorded Conversation Evidence' 'suppression and Non Publication']
['criminal Law' 'criminal Procedure' 'sentencing'] ['adjournment' 'cross Examination of Expert Witness' 'expert Reports' 'recorded Conversation Evidence' 'suppression and Non Publication']

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Procedural Posture

Criminal Sentence Proceedings / Application by Crown to Adjourn Proceedings to Cross Examine Expert Witness

Legal Issues

  1. 1 ['Whether the Crown should be granted an adjournment so that Professor Woods, the author of exhibit 4, can be cross-examined after a recorded conversation was played in court.' 'Whether an apparent inconsistency between the recorded conversation and the expert conclusions should be addressed before sentence proceedings continue.']

Ratio Decidendi

The adjournment was granted because, at face value and unexplained, the offender's recorded conversation and the manner in which she spoke did not appear to be consistent with the conclusions of the expert reports, and fairness to both the offender and the Crown required that apparent inconsistency to be addressed by allowing Professor Woods to consider the material and be cross-examined.

Court Disposition

Application by Crown to adjourn proceedings in order to cross-examine expert witness granted.

Orders

  • ["The Crown's application for an adjournment was granted."]