REGINA v. PARK [1999] NSWSC 951

REGINA v. PARK [1999] NSWSC 951

The application for adjournment is granted on the basis that the testimony of the overseas witness is important to both the prosecution and defence, and its exclusion would not be in the interests of justice. While the trial is fragmented, this alone does not currently result in unfairness, and steps offered by the Crown to minimise prejudice justify continuation, with the view that future applications may be necessary if prejudice materialises.

Jurisdiction
Australia
Judgment Date
16 September 1999
Procedural Posture
Criminal Trial / Application for Adjournment or Discharge of Jury
Outcome
Adjournment granted
Legal Topics
['adjournment' 'overseas Witness' 'fragmented Trial' 'jury Appreciation of Evidence']
['criminal Law'] ['adjournment' 'overseas Witness' 'fragmented Trial' 'jury Appreciation of Evidence']

Case Brief

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Procedural Posture

Criminal Trial / Application for Adjournment or Discharge of Jury

Legal Issues

  1. 1 ['Whether to grant adjournment to call overseas witness whose testimony is important to the trial' "Whether the fragmentation of the trial prejudices the accused's right to a fair trial"]

Ratio Decidendi

The application for adjournment is granted on the basis that the testimony of the overseas witness is important to both the prosecution and defence, and its exclusion would not be in the interests of justice. While the trial is fragmented, this alone does not currently result in unfairness, and steps offered by the Crown to minimise prejudice justify continuation, with the view that future applications may be necessary if prejudice materialises.

Court Disposition

Adjournment granted

Orders

  • ['Adjournment granted as necessary to permit attendance of witness So Young Hwang' 'The Crown undertakes to meet costs occasioned by the adjournment to the accused retaining current representation and to assist with necessary Commonwealth department documentation.']