R v Hart [2016] NSWSC 955

Supreme Court New South Wales

Medium Neutral Citation: R v Hart [2016] NSWSC 955 Hearing dates: 20 June 2016; 21 June 2016 Date of orders: 21 June 2016 Decision date: 21 June 2016 Jurisdiction: Common Law Before: Campbell J Decision: (1)Under ss 192 and 192A Evidence Act 1995 (NSW) I grant leave to the defence to rely upon the opinions of Dr Anna Farrar which I rule are relevant in the way I have explained in my reasons. (2)I grant leave to the Crown, if so advised, to call psychiatric evidence in reply in contradiction or qualification of the opinions expressed by Dr Farrar. Catchwords: CRIMINAL LAW – expert evidence – leave to admit expert report into evidence - where report not served within time – where interests of justice require it to be admitted – where no subsequent prejudice to the Crown Legislation Cited: Crimes Act 1900 (NSW), s 23A Evidence Act 1995 (NSW), s 192A Cases Cited: Dasreef v Hawchar (2011) HCA 21; 243 CLR 586 Makita v Sprowles (2001) NSWCA 305; 52 NSWLR 705 Honeysett v the Queen [2014] HCA 29; 253 CLR 122 Texts Cited: CRIMINAL LAW – expert evidence – leave to admit expert report into evidence - where report not served within time – where interests of justice require it to be admitted – where no subsequent prejudice to the Crown Category: Procedural and other rulings Parties: Regina (Crown) Campbell Hart (Accused) Representation: Counsel: W Creasey SC (Crown) E Wilson SC (Accused) Solicitors: Office of the Director of Public Prosecutions NSW (Crown) Lamond Legal (Accused) File Number(s): 2013/00327594