R v McKellar [2014] NSWSC 104

R v McKellar [2014] NSWSC 104

The indictment was appropriate because the murder count had to be presented in the Supreme Court, related counts could be included subject to the usual practice as to joinder, count one was closely related to the murder count, and count three could remain where the accused did not object and the indictment had long been before the Court; the indictment was consistent with the applicable legislation, regulation, and Practice Note.

Jurisdiction
Australia
Judgment Date
17 February 2014
Procedural Posture
Criminal Special Hearing / Procedural Ruling on Whether the Special Hearing May Proceed on the Indictment Presented
Outcome
The special hearing may proceed on the indictment presented.
Legal Topics
['murder' 'special Hearing' 'indictment' 'joinder of Counts' 'supreme Court Criminal Jurisdiction']
['criminal Law' 'criminal Procedure' 'mental Health and Forensic Procedure'] ['murder' 'special Hearing' 'indictment' 'joinder of Counts' 'supreme Court Criminal Jurisdiction']

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Procedural Posture

Criminal Special Hearing / Procedural Ruling on Whether the Special Hearing May Proceed on the Indictment Presented

Legal Issues

  1. 1 ['Whether it was appropriate for the Supreme Court to hear an indictment containing murder and additional counts not generally heard in the Supreme Court.' 'Whether count three could remain on the indictment where its evidential foundation was somewhat divorced from the murder and armed robbery counts.']

Ratio Decidendi

The indictment was appropriate because the murder count had to be presented in the Supreme Court, related counts could be included subject to the usual practice as to joinder, count one was closely related to the murder count, and count three could remain where the accused did not object and the indictment had long been before the Court; the indictment was consistent with the applicable legislation, regulation, and Practice Note.

Court Disposition

The special hearing may proceed on the indictment presented.

Orders

  • ['The special hearing may proceed on the indictment presented.']