Regina v Monroe [2003] NSWSC 55

Reported Decision : (2003) 56 NSWLR 652

New South Wales Supreme Court

CITATION : Regina v Monroe [2003] NSWSC 55 revised - 18/03/2003 HEARING DATE(S) : 12/02/03 JUDGMENT DATE : 14 February 2003

JUDGMENT OF : O'Keefe J DECISION : 1. The prosecuting authority is to serve on the solicitor for the accused copies of all medical reports obtained by the Crown that are relevant to the case, such service to be effected by 12 noon on 17 February 2003. 2. The prosecuting authority is to serve on the solicitor for the accused copies of any further medical reports hereafter obtained by the Crown that are relevant to the case, such service to be effected within 24 hours of receipt of such reports. 3. The accused is to serve on the solicitor for the prosecuting authority any reports of Professor Whitwell that he has obtained, such service to be effected by 4pm on 17 February 2003. 4. The accused is to serve on the solicitor for the prosecuting authority any reports hereafter obtained on his behalf from any expert medical practitioner proposed to be relied upon by the accused, such service to be effected within 48 hours of receipt of any such reports. 5. Service as required by paragraphs 1, 2, 3 and 4 of this order may be effected by facsimile to the solicitor for the relevant party. 6. Liberty to apply on three days notice.

CATCHWORDS : Criminal law - Criminal trial - Pre-trial disclosure - Complex criminal trial - Procedure - Complex medical evidence - Criteria for complex criminal trial - Words and phrases: "and" - "or" - "having regard to" - "includes" - "is to" - Compound verb "is to" has mandatory effect - Ambush - Discretion - Moulding order - Case by case approach Criminal Procedure Amendment (Pre-Trial Disclosure) Act 2001 (No. 7 of 2001) Criminal Procedure Act 1986: Div 2A, ss 47A, 47C, 47I Supreme Court Practice Note No. 98 ((1998) 43 NSWLR 525 LEGISLATION CITED : Obscene and Indecent Publications Act 1901 (NSW) Bankruptcy Act 1966 (Cth) Police Offences Act 1928 -1954 (Vic) Licensing Ordinance 1939-1967 (NT) Social Welfare Ordinance 1964 (NT) Associated Newspapers Limited v Wavish (1956) 96 CLR 526 Regina v Neville (1966) 83 WN (Pt 1) (NSW) 501 Wavish v Associated Newspapers Ltd (1959) VR 57 Re The Licensing Ordinance (1968) 13 FLR 143 CASES CITED : Gillespie v Ford (1978) 19 ALR 102 Re Kotses (1995) 132 ALR 409 Regina v Nguyen; Regina v Nguyen [2002] NSWSC 1254 (18 April 2002, unreported) DPP v Sinton [2000] NSWSC 473 (31 May 2000, unreported) Makita Australia Pty Ltd v Sprowles (2001) 52 NSWLR 705 PARTIES : Regina James Stewart Monroe FILE NUMBER(S) : SC 70054/02 COUNSEL : Crown - Mr R Herps Accused - Mr R Hoenig SOLICITORS : Crown - Ms L Viney (DPP) Accused - Ms K Robinson (Legal Aid Commission of NSW)