New South Wales Consolidated Acts

CRIMINAL PROCEDURE ACT 1986 - SECT 143

143 Defence response

(1) For the purposes of section 141 (1) (b), the notice of the defence response is to contain the following--

(a) the name of any Australian legal practitioner proposed to appear on behalf of the accused person at the trial,

(b) the nature of the accused person's defence, including particular defences to be relied on,

(c) the facts, matters or circumstances on which the prosecution intends to rely to prove guilt (as indicated in the prosecution's notice under section 142) and with which the accused person intends to take issue,

(d) points of law which the accused person intends to raise,

(e) notice of any consent that the accused person proposes to give at the trial under section 190 of the Evidence Act 1995 in relation to each of the following--

(i) a statement of a witness that the prosecutor proposes to adduce at the trial,

(ii) a summary of evidence that the prosecutor proposes to adduce at the trial,

(f) a statement as to whether or not the accused person intends to give any notice under section 150 (Notice of alibi) or, if the accused person has already given such a notice, a statement that the notice has been given,

(g) a statement as to whether or not the accused person intends to give any notice under section 151 (Notice of intention to adduce evidence of substantial mental impairment),

(h) if any expert witness is proposed to be called at the trial by the accused person, a copy of each report by that witness that is relevant to the case and on which the accused person intends to rely,

(i) notice as to whether the accused person proposes to raise any issue with respect to the continuity of custody of any proposed exhibit disclosed by the prosecutor,

(j) notice of any significant issue that the accused person proposes to raise regarding the form of the indictment, severability of the charges or separate trials for the charges,

(k) if the prosecutor disclosed an intention to adduce at the trial any audio or visual recording or the transcript of any audio or visual recording--

(i) any request that the accused person has that the recording or transcript be edited (other than in circumstances to which subsection (2) (d) relates), and

(ii) particulars sufficient to clearly identify the edits that the accused person requests.

(2) The notice of the defence response is also to contain such of the following matters (if any) as the court orders--

(b) if the prosecutor disclosed an intention to adduce evidence at the trial that has been obtained by means of surveillance, notice as to whether the accused person proposes to require the prosecutor to call any witnesses to corroborate that evidence and, if so, which witnesses will be required,

(d) if the prosecutor disclosed an intention to tender at the trial any transcript, notice as to whether the accused person accepts the transcript as accurate and, if not, in what respect the transcript is disputed,

(e) notice as to whether the accused person proposes to dispute the authenticity or accuracy of any proposed documentary evidence or other exhibit disclosed by the prosecutor,

(g) notice of any consent the accused person proposes to give under section 184 of the Evidence Act 1995 .