NSW Caselaw
District Court New South Wales
Medium Neutral Citation: R v Pethybridge [2022] NSWDC 171 Hearing dates: 10 May 2022 Date of orders: 10 May 2022 Decision date: 11 May 2022 Jurisdiction: Criminal Before: Abadee DCJ Decision: See paragraph 33 Catchwords: CRIMINAL LAW – evidence – admissibility – practice and procedure – person unfit to be tried – special hearing after convictions of prescribed sexual offences quashed and retrial ordered – admissibility of record of original evidence of complainants in special hearing – whether special hearing is a 'new trial' or 'new trial proceeding' – Criminal Procedure Act 1986 (NSW) s 306B Legislation Cited: Criminal Procedure Act 1986 ss 306B, 306I Evidence Act 1995 (NSW) Interpretation Act 1987 (NSW) ss 33, 34 Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) ss 54, 56 Mental Health (Forensic Provisions) Act 1990 (NSW) s 21 Cases Cited: EK v The Queen (2010) 79 NSWLR 740 Pethybridge v R [2020] NSWCCA 247 Texts Cited: Nil Category: Procedural rulings Parties: Office of the Director of Public Prosecutions (ODPP) Mr R Pethybridge (accused) Representation: Counsel: Ms K Nightingale for the ODPP Ms L McSpedden for the accused
Solicitors: ODDP O'Brien Criminal & Civil Solicitors File Number(s): 2016/0083859 Publication restriction: Non-publication of names in accordance with s 578A Crimes Act 1900 (NSW) and s 15A(1) Children (Criminal Proceeding) Act 1987 (NSW)
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