R v Maunder [2008] NSWDC 108

R v Maunder [2008] NSWDC 108

Despite non-compliance with s 150 Criminal Procedure Act 1986 (NSW), in the interests of justice, the accused should be permitted to adduce alibi evidence, but only after proper notice to the Crown and adjournment to allow investigation, necessitating discharge of the jury and vacating the trial.

Jurisdiction
Australia
Judgment Date
25 June 2008
Procedural Posture
Criminal Trial / Mid Trial; Determination of Application to Adduce Alibi Evidence After Jury Empanelment
Outcome
Trial terminated; jury discharged; matter stood over for further mention to appoint a new trial date; accused granted bail with conditions.
Legal Topics
['alibi Evidence' 'notice Requirements' 'discharge of Jury' 'trial Adjournment' 'section 150 Criminal Procedure Act 1986 (nsw)']
['criminal Law' 'criminal Procedure'] ['alibi Evidence' 'notice Requirements' 'discharge of Jury' 'trial Adjournment' 'section 150 Criminal Procedure Act 1986 (nsw)']

Case Brief

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Procedural Posture

Criminal Trial / Mid Trial; Determination of Application to Adduce Alibi Evidence After Jury Empanelment

Legal Issues

  1. 1 ['Whether evidence of alibi may be adduced by the accused despite non-compliance with s 150 of the Criminal Procedure Act 1986 (NSW)' 'Whether the late notice of alibi justified refusing leave to adduce such evidence' 'Whether termination of the trial and discharge of the jury were appropriate remedies']

Ratio Decidendi

Despite non-compliance with s 150 Criminal Procedure Act 1986 (NSW), in the interests of justice, the accused should be permitted to adduce alibi evidence, but only after proper notice to the Crown and adjournment to allow investigation, necessitating discharge of the jury and vacating the trial.

Court Disposition

Trial terminated; jury discharged; matter stood over for further mention to appoint a new trial date; accused granted bail with conditions.

Orders

  • ['Terminate the trial' 'Discharge the jury' 'Stand the matter over for mention and appointment of new trial date' 'Accused to submit to bail with specified condition not to approach prosecution witnesses except his partner']