R v Goodwin (No. 3) [2022] NSWDC 167

R v Goodwin (No. 3) [2022] NSWDC 167

The trial should be adjourned to resume on May 23, 2022 because the trial had not been lengthy, the evidence was not complex, a transcript of the evidence was available, only the recorded police interview, limited cross-examination, addresses and summing up remained, the jury was willing to return, the accused proposed the adjournment, and there was no risk of injustice to the accused in continuing on that date.

Jurisdiction
Australia
Judgment Date
13 May 2022
Procedural Posture
Criminal Trial on Indictment Alleging Sexual Offences / Application to Adjourn the Trial
Outcome
Application for adjournment granted; the trial was adjourned to resume on Monday, May 23, 2022.
Legal Topics
['trial Adjournment' 'jury Discharge' 'audio Visual Link Appearances' 'covid 19 Disruption to Trial' 'sexual Offences']
['criminal Procedure' 'criminal Law'] ['trial Adjournment' 'jury Discharge' 'audio Visual Link Appearances' 'covid 19 Disruption to Trial' 'sexual Offences']

Case Brief

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Procedural Posture

Criminal Trial on Indictment Alleging Sexual Offences / Application to Adjourn the Trial

Legal Issues

  1. 1 ["Whether the trial should be adjourned after the accused's counsel tested positive for COVID-19 and complained of developing symptoms." 'Whether continuation by audio visual link or discharge of the jury was required or appropriate.' 'Whether adjourning the trial to resume on Monday, May 23, 2022 would create a risk of injustice to the accused.']

Ratio Decidendi

The trial should be adjourned to resume on May 23, 2022 because the trial had not been lengthy, the evidence was not complex, a transcript of the evidence was available, only the recorded police interview, limited cross-examination, addresses and summing up remained, the jury was willing to return, the accused proposed the adjournment, and there was no risk of injustice to the accused in continuing on that date.

Court Disposition

Application for adjournment granted; the trial was adjourned to resume on Monday, May 23, 2022.

Orders

  • ['The trial is adjourned to resume on Monday, May 23, 2022.' 'The evidence remaining in the Crown case is to be presented on that occasion, with addresses to follow, after which I shall forthwith sum up the trial to the jury.']