R v Jenkin (No 15) [2018] NSWSC 826

Supreme Court New South Wales

Medium Neutral Citation: R v Jenkin (No 15) [2018] NSWSC 826 Hearing dates: 4 – 5 June 2018 Date of orders: 05 June 2018 Decision date: 05 June 2018 Before: Hamill J Decision: (1) The evidence is not admissible in re-examination under s 39(a). (2) Leave under s 39(b) to adduce the evidence in re-examination is refused. Catchwords: CRIMINAL LAW – limits on re-examination – whether evidence an admission – whether reasonable excuse for failure to record – where no evidence of conversation given in evidence in chief or through other police officer present – where counsel cross-examined on different conversation – other conversation did not contain an admission – matter did not arise out of evidence given in cross-examination – whether leave should be granted – relevant considerations under s 192 – where trial proceeding well beyond estimate – inefficient conduct of proceedings – every conceivable bunny – every possible rabbit hole – leave would extend length of proceedings – evidence not important in context of the case – leave refused Legislation Cited: Criminal Procedure Act 1986 (NSW), s 281 Evidence Act 1995 (NSW), ss 39 and 192 Cases Cited: R v Jenkin (No 14) [2018] NSWSC 837 Category: Procedural and other rulings Parties: Regina Mark Kenneth Jenkin Representation: Counsel: Mr M Fox (Crown) Mr P Lowe (Accused)

Solicitors: Director of Public Prosecutions NSW (Crown) O'Brien Solicitors (Accused) File Number(s): 2015/00345562 Publication restriction: No