R v Warwick (No.10) [2018] NSWSC 511

R v Warwick (No.10) [2018] NSWSC 511

Because the accused was not legally aided, had limited assets likely to be significantly consumed by ordinary legal costs, and the transcript cost was estimated at about $150,000, the interests of justice were best served by providing him without fee with copies of all pre-trial hearing transcripts from 31 March 2017 to the date of the order, subject to an appropriate application to the Reporting Services Branch.

Jurisdiction
Australia
Judgment Date
23 April 2018
Procedural Posture
Criminal Procedure / Notice of Motion for Access to Transcripts of Pre Trial Proceedings
Outcome
Notice of Motion granted in part for pre-trial hearing transcripts; trial transcript issue stood over.
Legal Topics
['access to Transcripts' 'pre Trial Proceedings' 'interests of Justice' 'legal Costs']
['criminal Law' 'criminal Procedure'] ['access to Transcripts' 'pre Trial Proceedings' 'interests of Justice' 'legal Costs']

Case Brief

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Procedural Posture

Criminal Procedure / Notice of Motion for Access to Transcripts of Pre Trial Proceedings

Legal Issues

  1. 1 ['Whether the accused should be provided without fee with transcripts of all pre-trial hearings in circumstances where the estimated cost of transcripts was substantial and the accused was not legally aided.' 'Whether a similar order should be made for daily trial transcript.']

Ratio Decidendi

Because the accused was not legally aided, had limited assets likely to be significantly consumed by ordinary legal costs, and the transcript cost was estimated at about $150,000, the interests of justice were best served by providing him without fee with copies of all pre-trial hearing transcripts from 31 March 2017 to the date of the order, subject to an appropriate application to the Reporting Services Branch.

Court Disposition

Notice of Motion granted in part for pre-trial hearing transcripts; trial transcript issue stood over.

Orders

  • ['The accused be entitled to be provided with a copy of the transcripts of all pre-trial hearings in this Court as and from 31 March 2017 to date without the payment of any fee, subject to the accused making an appropriate application to the Reporting Services Branch.' 'Consideration of a similar order with respect...