Late service of expert reports containing new technical material during a criminal trial may constitute a miscarriage of justice where the accused cannot adequately respond, even where the trial judge offers an adjournment or recall of witnesses. A depressed cheekbone fracture requiring surgery with insertion of a small titanium plate, with no ongoing symptoms, is at the very low end of grievous bodily harm — the majority held it was open to the jury to find GBH established, but Beazley JA considered the verdict unreasonable. There are no rules governing service of expert reports in District Court criminal trials, and the Crown's duty of fairness governs disclosure in the absence of such rules.
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