R v Duncan [2022] NSWDC 324

R v Duncan [2022] NSWDC 324

The adjournment was granted because, on balance, it was in the interests of justice for the offender to undergo necessary prostate cancer surgery scheduled for 20 September 2022 while in the community, where the Court accepted the surgery was highly unlikely to occur on or soon after that date if he were in custody, and because the sentencing court should have proper evidence about his health status and prognosis before finalising the inevitable full-time custodial sentences for at least the bulk of the offences.

Jurisdiction
Australia
Judgment Date
05 August 2022
Procedural Posture
Criminal / Offender's Application to Adjourn Sentence Proceedings After Jury Verdicts of Guilty
Outcome
Application to adjourn sentence proceedings granted.
Legal Topics
['adjournment Application' 'sentence Proceedings' 'sexual Touching of Children' 'offender Health Issues' 'cancer Surgery' 'bail and Detention Application' 'covid 19 Impact on Correctional Health Services']
['criminal Law' 'criminal Procedure' 'sentencing'] ['adjournment Application' 'sentence Proceedings' 'sexual Touching of Children' 'offender Health Issues' 'cancer Surgery' 'bail and Detention Application' 'covid 19 Impact on Correctional Health Services']

Case Brief

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Procedural Posture

Criminal / Offender's Application to Adjourn Sentence Proceedings After Jury Verdicts of Guilty

Legal Issues

  1. 1 ['Whether the sentence proceedings should be adjourned to allow the offender to undergo scheduled prostate cancer surgery and further cancer testing.' 'Whether the offender would be likely to receive the required cancer surgery on or soon after the scheduled date if taken into custody.' "Whether the interests of justice favoured adjournment despite the Crown's opposition and the victims' interest in closure." "Whether the Court should have proper evidence about the offender's health status and prognosis before finalising sentence."]

Ratio Decidendi

The adjournment was granted because, on balance, it was in the interests of justice for the offender to undergo necessary prostate cancer surgery scheduled for 20 September 2022 while in the community, where the Court accepted the surgery was highly unlikely to occur on or soon after that date if he were in custody, and because the sentencing court should have proper evidence about his health status and prognosis before finalising the inevitable full-time custodial sentences for at least the bulk of the offences.

Court Disposition

Application to adjourn sentence proceedings granted.

Orders

  • ['The matter is listed before Tupman DCJ for sentence on Monday 24 October 2022.']