Where a prosecution brief of evidence is served late in breach of s 66B(2) of the Justices Act 1902 (NSW), an adjournment under s 66G coupled with an extension of time for hearing to a date at least 14 days after service effectively nullifies the antecedent breach and puts the case back on the rails. The s 66F(2) dispensation discretion must take into account prejudice to both parties and is not confined by the failure to seek dispensation at the time of the not guilty plea. DPP v Milgate is overruled insofar as it held that s 66G has no independent operation.
The full text is available to signed-in members, including the 8 later cases that cite this judgment.