Citation: R v Hunter (No 14) [2014] NSWSC 1157
Court: Supreme Court of New South Wales
Date: 16 July 2014
Judge: Button J
Background
This decision arose mid-trial in criminal proceedings before the Supreme Court. A witness, who had already been the subject of significant delays to the trial, applied for an adjournment of the remainder of his examination from Wednesday afternoon to Friday morning, with the possibility of a further extension depending on his health.
The witness had been arrested on a bench warrant after failing to attend court in response to a subpoena on the first day of trial, and had been held in custody since then. His evidence had been interrupted on multiple occasions by physical complaints, including the absence of his glasses, sensitivity to courtroom lighting, and an episode of illness in the cells after lunch on the day of the hearing.
An ambulance attended at the court's request and assessed the witness in the cells. The paramedic report recorded a history of headache, a single episode of vomiting, and severe abdominal pain. The witness declined the offer of transport to hospital and analgesia.
Legal Issues
- Whether the witness's reported health condition warranted an adjournment of his evidence to Friday morning or beyond.
- How to balance the witness's wellbeing against the requirement that the trial proceed with reasonable dispatch.
Decision
Button J acknowledged the witness's complaints and the physical difficulties that had already affected the reception of his evidence. The trial had already been delayed by one week due to problems associated with this witness's evidence, and the judge considered it imperative that proceedings continue without further unnecessary delay.
His Honour noted that the remaining cross-examination by the Crown Prosecutor was described as very short, and that defence counsel's cross-examination was expected to take no longer than one hour. In those circumstances, a further adjournment to Friday was not warranted.
The judge balanced the witness's health concerns against the demands of the trial by directing that the witness rest overnight, seek whatever medical treatment was available, and return to the witness box at 10 AM the following morning. Button J also indicated that practical accommodations would be made during his evidence, including water, tissues, and short breaks of approximately five minutes every 20 minutes if sought.
Orders Made
• Mr Gary Hunter's evidence is adjourned and to resume at 10 AM the following morning
• Mr Gary Hunter is to be provided with two or three plastic cups of water and a box of Kleenex while giving evidence
• Breaks of approximately five minutes every 20 minutes are to be offered to Mr Gary Hunter if requested
Key Takeaways
- The Supreme Court refused a two-day adjournment for a witness who reported illness during his evidence, limiting the adjournment to the following morning only.
- A trial court retains the discretion to balance a witness's physical condition against the requirement that criminal proceedings advance with reasonable dispatch, particularly where delays have already occurred.
- Practical in-court accommodations, such as regular short breaks, water, and reduced session lengths, may be appropriate measures to support a witness's health without requiring a lengthier adjournment.
- The witness's history of non-attendance, arrest on a bench warrant, and ongoing custody status were part of the context in which the application was considered.
- Where remaining cross-examination is estimated to be brief, that factor weighs against granting a substantial adjournment on health grounds.
Legislation and Cases Referenced
No legislation or cases were cited in this decision.