R v Patterson (No 4) [2024] NSWSC 456

R v Patterson (No 4) [2024] NSWSC 456

Because the parties agreed that concurrent evidence from the three expert witnesses was the most efficient and effective course, and the Court accepted the desirability of that course, an order was made under s 275C of the Criminal Procedure Act 1996 (NSW) for Professor Greenberg, Dr Ellis and Dr Farrar to give evidence concurrently with specified procedural directions.

Jurisdiction
Australia
Judgment Date
17 April 2024
Procedural Posture
Criminal Proceeding / Procedural Ruling on Expert Evidence Directions
Outcome
Directions made as to concurrent evidence.
Legal Topics
['expert Evidence' 'concurrent Evidence' 'psychiatric Evidence' 'section 275 C of the Criminal Procedure Act 1996 (nsw)']
['criminal Law' 'criminal Procedure' 'evidence'] ['expert Evidence' 'concurrent Evidence' 'psychiatric Evidence' 'section 275 C of the Criminal Procedure Act 1996 (nsw)']

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Procedural Posture

Criminal Proceeding / Procedural Ruling on Expert Evidence Directions

Legal Issues

  1. 1 ['Whether three expert psychiatric witnesses should give evidence concurrently pursuant to s 275C of the Criminal Procedure Act 1996 (NSW).' 'What directions should govern the concurrent giving of expert evidence.']

Ratio Decidendi

Because the parties agreed that concurrent evidence from the three expert witnesses was the most efficient and effective course, and the Court accepted the desirability of that course, an order was made under s 275C of the Criminal Procedure Act 1996 (NSW) for Professor Greenberg, Dr Ellis and Dr Farrar to give evidence concurrently with specified procedural directions.

Court Disposition

Directions made as to concurrent evidence.

Orders

  • ['Pursuant to s 275C of the Criminal Procedure Act 1996 (NSW), Professor Greenberg, to give evidence on behalf of the Crown, and Dr Ellis and Dr Farrar, to give evidence on behalf of the accused, are to give evidence concurrently.' "The expert witnesses are to be sworn in immediately one after the other. Thereafter,...