R v Jenkins [2016] NSWSC 414

R v Jenkins [2016] NSWSC 414

The trial had to be vacated in the interests of justice because the defence served substantial impairment expert material out of time, the Crown reasonably required six to eight weeks to investigate and obtain its own expert evidence, the issue would lengthen the trial and require further lay evidence, and the Crown could not fairly meet the new issue within the existing hearing dates.

Jurisdiction
Australia
Judgment Date
08 April 2016
Procedural Posture
Criminal Prosecution for Murder / Crown Application for Adjournment and Vacation of Trial Before Commencement of Trial
Outcome
Crown application granted; trial vacated and matter listed in the Arraignment's List.
Legal Topics
['adjournment' 'trial Vacation' 'defence Disclosure' 'expert Reports' 'substantial Impairment' 'murder']
['criminal Law' 'criminal Procedure'] ['adjournment' 'trial Vacation' 'defence Disclosure' 'expert Reports' 'substantial Impairment' 'murder']

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Procedural Posture

Criminal Prosecution for Murder / Crown Application for Adjournment and Vacation of Trial Before Commencement of Trial

Legal Issues

  1. 1 ['Whether the trial should be vacated and adjourned because the defence served expert reports out of time raising substantial impairment.' 'Whether the Crown required further time to obtain expert evidence and prepare to meet the partial defence of substantial impairment.']

Ratio Decidendi

The trial had to be vacated in the interests of justice because the defence served substantial impairment expert material out of time, the Crown reasonably required six to eight weeks to investigate and obtain its own expert evidence, the issue would lengthen the trial and require further lay evidence, and the Crown could not fairly meet the new issue within the existing hearing dates.

Court Disposition

Crown application granted; trial vacated and matter listed in the Arraignment's List.

Orders

  • ['The trial of the matter of R v Brandon Jenkins is vacated.' "List the matter in the Arraignment's List before Johnson J on 6 May 2016."]