R v Obeid (No 10) [2016] NSWSC 1419

R v Obeid (No 10) [2016] NSWSC 1419

The sentence hearing had to be adjourned because late service of specialised medical evidence concerning Mr Obeid's life expectancy and the alleged impact of incarceration meant the Crown could not fairly respond by 6 October 2016. Although delay was contrary to the public interest in prompt sentencing, the only workable course was to fix the hearing for dates convenient to both Senior Counsel for the offender and the Crown Prosecutor and to make directions for further evidence, submissions and subpoenas.

Jurisdiction
Australia
Judgment Date
05 October 2016
Procedural Posture
Criminal Proceeding / Crown Application to Adjourn Sentence Hearing After Conviction
Outcome
Crown application to adjourn the sentence hearing granted; listing on 6 October 2016 vacated and matter relisted for sentence submissions on 1 and 2 December 2016 with directions.
Legal Topics
['adjournment of Sentence Hearing' 'medical Evidence' 'wilful Misconduct in Public Office' 'subpoenas for Sentence Hearing']
['criminal Law' 'sentencing' 'criminal Procedure'] ['adjournment of Sentence Hearing' 'medical Evidence' 'wilful Misconduct in Public Office' 'subpoenas for Sentence Hearing']

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Procedural Posture

Criminal Proceeding / Crown Application to Adjourn Sentence Hearing After Conviction

Legal Issues

  1. 1 ['Whether the sentence hearing listed for 6 October 2016 should be adjourned to allow the Crown to respond to medical evidence served by Mr Obeid.' 'How to balance fairness to the parties and the public interest in minimising delay between conviction and punishment when fixing a new sentence hearing date.']

Ratio Decidendi

The sentence hearing had to be adjourned because late service of specialised medical evidence concerning Mr Obeid's life expectancy and the alleged impact of incarceration meant the Crown could not fairly respond by 6 October 2016. Although delay was contrary to the public interest in prompt sentencing, the only workable course was to fix the hearing for dates convenient to both Senior Counsel for the offender and the Crown Prosecutor and to make directions for further evidence, submissions and subpoenas.

Court Disposition

Crown application to adjourn the sentence hearing granted; listing on 6 October 2016 vacated and matter relisted for sentence submissions on 1 and 2 December 2016 with directions.

Orders

  • ['Listing 6 October 2016 vacated.' 'Matter fixed for submissions on sentence on Thursday, 1 December and Friday, 2 December 2016.' 'The Crown and Mr Obeid to file written submission on sentence on or before 5pm Thursday, 17 November 2016.' 'The Crown to serve all evidence on which it proposes to rely, including any...