NSW Caselaw
District Court New South Wales
Medium Neutral Citation: R v Duncan [2022] NSWDC 324 Hearing dates: Friday 5 August 2022 Date of orders: Friday 5 August 2022 Decision date: 05 August 2022 Jurisdiction: Criminal Before: Tupman DCJ Decision: Application to adjourn sentence proceedings is granted. Catchwords: CRIMINAL PROCEDURE — Adjournment Application — Sentence proceedings — Application of offender, opposed by Crown — Sentence following verdicts of guilty for 8 counts of sexual touching of children between 10 and 16 — Maximum penalty of 10 years imprisonment — Full-time custody inevitable for most offences — Crown Detention Application following trial previously dismissed in Supreme Court — Possibility of sentence adjournment disclosed in those proceedings — Adjournment of sentence sought for offender to undergo cancer surgery and further cancer testing both scheduled to occur soon — Delaying surgical treatment will likely have adverse impacts on offender's health — Reference to disruptive impact of COVID-19 pandemic on the NSW Correctional system including the provision of medical services to prisoners — Finding that planned cancer surgery unlikely to occur on or before scheduled date if offender in custody — Victims desire for closure and finalisation considered — Need for Court to have proper evidence about the offender's health status and prognosis at sentence — On balance in the interest of justice to allow the adjournment. Legislation Cited: Bail Act 2013 (NSW), s 22B, (1)(b); Crimes (Sentencing Procedure) Act 1999 (NSW). Cases Cited: Director of Public Prosecutions (NSW) v Duncan [2022] NSWSC 927. Texts Cited: Inspector of Custodial Services (NSW), Health Services in NSW Correctional Facilities (March 2021); Justice Health and Forensic Mental Health Network (NSW), Overview of Services (August 2019). Category: Procedural rulings Parties: Regina (Crown) Neil Duncan (Offender) Representation: Counsel: Ms. C. Goodhand for the Crown Mr. R. Pontello SC with Ms. T. O'Rourke for the Offender
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