R v Hunter [2013] NSWSC 1713

Supreme Court New South Wales

Medium Neutral Citation: R v Hunter [2013] NSWSC 1713 Hearing dates: 8 November 2013 Decision date: 13 November 2013 Jurisdiction: Common Law - Criminal Before: Johnson J Decision: Application to vacate trial date granted Catchwords: CRIMINAL TRIAL - murder - application to vacate trial date - very late defence application - defence seeks to explore possible partial defence of substantial mental impairment - applicable principles - importance of compliance with statutory notice obligations - order made vacating trial in this case - rigorous approach to be expected where proceedings subject to 2013 mandatory pre-trial defence disclosure provisions Legislation Cited: Criminal Procedure Act 1986 Criminal Procedure Amendment (Case Management) Act 2009 Criminal Procedure Amendment (Mandatory Pre-Trial Defence Disclosure) Act 2013 Criminal Procedure Regulation 2010 Supreme Court Practice Note SC CL 2 (issued on 13 August 2010) Supreme Court Practice Note SC CL 2 (issued on 20 September 2013) Cases Cited: R v Alexandroaia (1995) 81 A Crim R 286 R v Kaewklom (No. 1) [2012] NSWSC 1103 R v Kennedy [2008] NSWSC 703 Slotboom v R [2013] NSWCCA 18 Texts Cited: --- Category: Interlocutory applications Parties: Regina (Crown) Paul Andrew Hunter (Accused) Representation: Counsel: Mr RA Herps (Crown) Mr DL Carroll (Accused) Solicitors: Director of Public Prosecutions (NSW) (Crown) Shiranica Danieli Lawyers (Accused) File Number(s): 2011/397367 Publication restriction: ---