R v Turnbull (No. 6) [2016] NSWSC 706

R v Turnbull (No. 6) [2016] NSWSC 706

Because the Accused was 81 years old, had health issues, was housed in the Long Bay Hospital Wing, and had been subject to lengthy and circuitous transport arrangements that could affect his health and interrupt the jury trial, the Court made a strong recommendation that Corrective Services transport him to and from court each sitting day by the most expeditious process possible, preferably by separate escort.

Jurisdiction
Australia
Judgment Date
15 April 2016
Procedural Posture
Criminal Murder Trial / Procedural Ruling Before Commencement of Jury Trial
Outcome
Strong recommendation made to the Department of Corrective Services that the Accused be transported to and from court by the most expeditious process possible.
Legal Topics
['transport of Accused in Custody' 'fair Trial' 'jury Trial Management' 'corrective Services']
['criminal Law' 'criminal Procedure'] ['transport of Accused in Custody' 'fair Trial' 'jury Trial Management' 'corrective Services']

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Procedural Posture

Criminal Murder Trial / Procedural Ruling Before Commencement of Jury Trial

Legal Issues

  1. 1 ["Whether the Accused's circuitous and protracted transport between Long Bay Hospital Wing and court could adversely affect his health and the administration of justice during the jury trial." 'Whether a strong recommendation should be made that the Accused be transported by the most expeditious means possible, preferably by separate escort.']

Ratio Decidendi

Because the Accused was 81 years old, had health issues, was housed in the Long Bay Hospital Wing, and had been subject to lengthy and circuitous transport arrangements that could affect his health and interrupt the jury trial, the Court made a strong recommendation that Corrective Services transport him to and from court each sitting day by the most expeditious process possible, preferably by separate escort.

Court Disposition

Strong recommendation made to the Department of Corrective Services that the Accused be transported to and from court by the most expeditious process possible.

Orders

  • ['The Department of Corrective Services was strongly recommended to take steps to transport the Accused each sitting day from the Long Bay Hospital Wing to Court and back by the most expeditious process possible, preferably by way of separate escort.' 'The judgment was to be settled urgently and provided to the...