R v Jenkin (No 17) [2018] NSWSC 907

R v Jenkin (No 17) [2018] NSWSC 907

Because Angela Mpimerias was not excused from her subpoena, was required for further cross-examination by the accused, failed to appear, and medical evidence indicated further court appearances would likely worsen her mental state, the Crown's consent to withdraw her evidence was accepted and her evidence was disregarded in its entirety.

Jurisdiction
Australia
Judgment Date
05 June 2018
Procedural Posture
Criminal Trial / Procedural Ruling on Witness Evidence After Failure to Appear for Further Cross Examination
Outcome
The evidence of Ms Angela Mpimerias will be disregarded in its entirety.
Legal Topics
['witness Required for Further Cross Examination' 'subpoena' 'mental Health Issues of Witness' 'withdrawal of Evidence' 'evidence to Be Disregarded']
['criminal Law' 'evidence' 'criminal Procedure'] ['witness Required for Further Cross Examination' 'subpoena' 'mental Health Issues of Witness' 'withdrawal of Evidence' 'evidence to Be Disregarded']

Case Brief

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Procedural Posture

Criminal Trial / Procedural Ruling on Witness Evidence After Failure to Appear for Further Cross Examination

Legal Issues

  1. 1 ['Whether the evidence of Angela Mpimerias should remain for consideration where she was not excused from her subpoena, was required for further cross-examination, failed to appear, and medical material indicated further court appearances would likely worsen her mental state.']

Ratio Decidendi

Because Angela Mpimerias was not excused from her subpoena, was required for further cross-examination by the accused, failed to appear, and medical evidence indicated further court appearances would likely worsen her mental state, the Crown's consent to withdraw her evidence was accepted and her evidence was disregarded in its entirety.

Court Disposition

The evidence of Ms Angela Mpimerias will be disregarded in its entirety.

Orders

  • ['The evidence given by Ms Angela Mpimerias recorded in the transcript from page 348-370 is disregarded in its entirety.']