R v Macdonald (3) [2016] NSWSC 1942

R v Macdonald (3) [2016] NSWSC 1942

Because of the seriousness of the Dietrich application and the concern for the fair trial of Mr Macdonald and Mr Maitland, the interests of justice favoured permitting the material to be tendered, but only after an affidavit was filed identifying the material as the material provided on Mr Macdonald's behalf to the Legal Aid Commission; as the matter could not proceed without that affidavit, the hearing was adjourned part heard.

Jurisdiction
Australia
Judgment Date
13 April 2016
Procedural Posture
Common Law Criminal; Dietrich Application / Hearing of Notice of Motion; Adjourned Part Heard
Outcome
Hearing of Motion adjourned part heard to 20 April 2016
Legal Topics
['dietrich Application' 'tender of Documents After Cross Examination' 're Examination' 'affidavit Identifying Provenance of Documents' 'fair Trial']
['practice and Procedure' 'criminal Law'] ['dietrich Application' 'tender of Documents After Cross Examination' 're Examination' 'affidavit Identifying Provenance of Documents' 'fair Trial']

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Procedural Posture

Common Law Criminal; Dietrich Application / Hearing of Notice of Motion; Adjourned Part Heard

Legal Issues

  1. 1 ['Whether material sought to be tendered in re-examination after cross-examination should be rejected or admitted with leave to the Crown to cross-examine Mr Macdonald arising from that material.' "Whether an affidavit was required to establish that the material was the material provided on Mr Macdonald's behalf to the Legal Aid Commission."]

Ratio Decidendi

Because of the seriousness of the Dietrich application and the concern for the fair trial of Mr Macdonald and Mr Maitland, the interests of justice favoured permitting the material to be tendered, but only after an affidavit was filed identifying the material as the material provided on Mr Macdonald's behalf to the Legal Aid Commission; as the matter could not proceed without that affidavit, the hearing was adjourned part heard.

Court Disposition

Hearing of Motion adjourned part heard to 20 April 2016

Orders

  • ["The hearing of Mr Macdonald's application in his notice of motion filed on 21 January 2016 is adjourned part heard before Adamson J to 9.15am on Wednesday 20 April 2016."]