R v Maunder [2008] NSWDC 108

Reported Decision : 7 DCLR (NSW) 82

New South Wales District Court

CITATION: R v Maunder [2008] NSWDC 108

HEARING DATE(S): 10 June 2008, 11 June 2008

JUDGMENT DATE: 25 June 2008

EX TEMPORE JUDGMENT DATE : 11 June 2008

JURISDICTION: Criminal

JUDGMENT OF: Bennett SC DCJ

DECISION: Terminate the trial; Discharge the jury; Stand the matter over for further mention to appoint a new trial date

CATCHWORDS: CRIMINAL PROCEDURE – trial – application to adduce alibi evidence – s 150 Criminal Procedure Act 1986 (NSW) – notice of alibi – notice given on day of trial – jury empanelled – notice not satisfying requirements as to particulars – whether to admit evidence – prejudice to Crown – whether to terminate trial – cost and inconvenience to community

LEGISLATION CITED: Crimes Act 1900 (NSW) Criminal Procedure Act 1986 (NSW)

CASES CITED: Cooper v R (1979) 69 Cr App Rep 229 Skondin v R [2005] NSWCCA 417

PARTIES: Regina Steven John Maunder

FILE NUMBER(S): 2008/00003522

COUNSEL: Mr Frank Holles (Crown) Mr Michael P King (Accused)

SOLICITORS: Office of the Director of Public Prosecutions (Crown) Bridge St Lawyers (Accused)

JUDGMENT

Introduction

1 Steven John Maunder, the accused, appeared for trial in the District Court, Tamworth on 10 June 2008. The indictment upon which he was presented contained two counts.

2 The first count, for an offence contrary to s 111 (2) of the Crimes Act 1900 (NSW), charged him in the following terms: "On 30 November 2006 at Tamworth in the State of New South Wales, did enter the dwelling house of Maitland Lea Hinkley situated at unit 5/3 Murray Street with intent to commit a serious indictable offence therein, namely, assault occasioning actual bodily harm, in circumstances of aggravation, namely, that he was in company of another person, namely, Brendan Booby."