R v Coss (No 8) [2022] NSWSC 975

R v Coss (No 8) [2022] NSWSC 975

Although the adjournment would create significant delay and strain for the accused and there was a public interest in speedy resolution, the newly discovered bone-fragment evidence was clearly highly relevant and potentially of real significance to proof of death and the manner of death; the balance therefore fell squarely in favour of granting the adjournment.

Jurisdiction
Australia
Judgment Date
18 July 2022
Procedural Posture
Criminal Proceedings for Murder / Crown Application to Adjourn a Judge Alone Trial
Outcome
Adjournment application granted.
Legal Topics
['adjournment' 'judge Alone Trial' 'murder' 'new Evidence' 'dna Evidence' 'bone Fragments']
['criminal Procedure'] ['adjournment' 'judge Alone Trial' 'murder' 'new Evidence' 'dna Evidence' 'bone Fragments']

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Procedural Posture

Criminal Proceedings for Murder / Crown Application to Adjourn a Judge Alone Trial

Legal Issues

  1. 1 ['Whether the trial should be adjourned after a person came forward with bone fragments said by DNA testing to be very highly probably those of the alleged victim.' 'Whether the potential significance of the new evidence outweighed the delay, strain on the accused, and public interest in speedy resolution of the proceedings.']

Ratio Decidendi

Although the adjournment would create significant delay and strain for the accused and there was a public interest in speedy resolution, the newly discovered bone-fragment evidence was clearly highly relevant and potentially of real significance to proof of death and the manner of death; the balance therefore fell squarely in favour of granting the adjournment.

Court Disposition

Adjournment application granted.

Orders

  • ['The hearing was adjourned.' 'The matter was listed to recommence on 28 November 2022 with an estimate of one week.' 'The matter was listed for mention before Dhanji J on 11 October 2022 at 9.30am.' 'The accused was excused from attending the mention.' 'The parties were granted leave to appear by AVL if required.'...