R v Hart (No 2) [2016] NSWSC 956

R v Hart (No 2) [2016] NSWSC 956

The trial was adjourned to allow the Crown a reasonable opportunity to obtain psychiatric evidence in response to new evidence served late by the defence, with the interests of justice favouring the adjournment rather than vacating the hearing dates.

Jurisdiction
Australia
Judgment Date
27 June 2016
Procedural Posture
Criminal / Adjournment in Course of Trial
Outcome
Trial adjourned
Legal Topics
['expert Evidence' 'adjournment' 'partial Defence of Substantial Impairment']
['criminal Law'] ['expert Evidence' 'adjournment' 'partial Defence of Substantial Impairment']

Case Brief

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Procedural Posture

Criminal / Adjournment in Course of Trial

Legal Issues

  1. 1 ['Whether the trial should be adjourned to allow the Crown time to qualify an expert in response to new psychiatric evidence' 'Whether the accused should be allowed to raise the partial defence of substantial impairment after the statutory notice period']

Ratio Decidendi

The trial was adjourned to allow the Crown a reasonable opportunity to obtain psychiatric evidence in response to new evidence served late by the defence, with the interests of justice favouring the adjournment rather than vacating the hearing dates.

Court Disposition

Trial adjourned

Orders

  • ['The jury previously empanelled is excused.' 'The trial is adjourned to commence at 10am on 4 July 2016.']