R v Karaali (No 3) [2022] NSWSC 1800

R v Karaali (No 3) [2022] NSWSC 1800

The jury was discharged and the trial adjourned because important expert evidence served late by the Crown had been admitted, the accused had taken reasonable steps to meet that evidence but could not do so in the available time, and fairness required time for responsive evidence. The certificate was granted because the trial was discontinued by discharge of the jury, a new trial was ordered, and the discontinuance was caused by the Crown's late service of important expert evidence rather than jury disagreement or any act, neglect or default of the accused or his legal representatives.

Jurisdiction
Australia
Judgment Date
09 August 2022
Procedural Posture
Criminal Proceedings for Murder / Procedural Ruling During Trial Concerning Late Expert Evidence, Discharge of Jury, Adjournment and Costs Certificate
Outcome
Jury discharged, trial adjourned to 6 February 2023, accused remanded in custody, and certificate under s 6A(1)(c) of the Suitors Fund Act 1951 (NSW) granted.
Legal Topics
['murder Trial' 'late Service of Expert Evidence' 'discharge of Jury' 'adjournment of Trial' "suitors' Fund Certificate"]
['criminal Procedure'] ['murder Trial' 'late Service of Expert Evidence' 'discharge of Jury' 'adjournment of Trial' "suitors' Fund Certificate"]

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Procedural Posture

Criminal Proceedings for Murder / Procedural Ruling During Trial Concerning Late Expert Evidence, Discharge of Jury, Adjournment and Costs Certificate

Legal Issues

  1. 1 ['Whether the jury should be discharged and the trial adjourned because important Crown expert evidence had been served late and admitted into evidence.' 'Whether Mr Karaali should be granted a certificate under s 6A(1)(c) of the Suitors Fund Act 1951 (NSW).']

Ratio Decidendi

The jury was discharged and the trial adjourned because important expert evidence served late by the Crown had been admitted, the accused had taken reasonable steps to meet that evidence but could not do so in the available time, and fairness required time for responsive evidence. The certificate was granted because the trial was discontinued by discharge of the jury, a new trial was ordered, and the discontinuance was caused by the Crown's late service of important expert evidence rather than jury disagreement or any act, neglect or default of the accused or his legal representatives.

Court Disposition

Jury discharged, trial adjourned to 6 February 2023, accused remanded in custody, and certificate under s 6A(1)(c) of the Suitors Fund Act 1951 (NSW) granted.

Orders

  • ['Confirm the discharge of the jury.' 'Adjourn the trial to commence on the 6 February 2023.' 'Direct that the prosecution serve on the accused and his legal representatives any additional evidence including the additional disclosure, the subject of my orders of 8 August 2023 by 5pm on Wednesday, 17 August 2022.'...