R v Turnbull (No. 8) [2016] NSWSC 714

R v Turnbull (No. 8) [2016] NSWSC 714

A strong recommendation is made that the accused be transported directly to and from court each day to prevent health risks and avoid interference with the administration of justice.

Parties
Crown: Regina; Accused: Ian Robert Turnbull
Jurisdiction
Australia
Judgment Date
22 April 2016
Procedural Posture
Criminal / Procedural and Other Rulings
Outcome
Further strong recommendation issued regarding direct transport of the accused; communication of the recommendation to relevant authorities and requirement for senior officer attendance if not complied with.
Legal Topics
Prisoner Transport, Administration of Justice, Accused Rights, Procedural Fairness
Criminal Law Prisoner Transport Administration of Justice Accused Rights Procedural Fairness

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Parties

Regina

Crown

Ian Robert Turnbull

Accused

Procedural Posture

Criminal / Procedural and Other Rulings

Legal Issues

  1. 1 Whether the transport arrangements for the accused interfere with the administration of justice and risk adverse health outcomes for the accused.

Ratio Decidendi

A strong recommendation is made that the accused be transported directly to and from court each day to prevent health risks and avoid interference with the administration of justice.

Court Disposition

Further strong recommendation issued regarding direct transport of the accused; communication of the recommendation to relevant authorities and requirement for senior officer attendance if not complied with.

Orders

  • Strong recommendation that the accused be transported to and from court by the most direct route each day.
  • Recommendation to be communicated personally to the Commissioner for Corrective Services, the Medical Officer in charge of the Long Bay Hospital Wing, and the Officer-in-Charge of the Transport Section of the Department of Corrective Services.