R v Medich (No 5) [2016] NSWSC 967

R v Medich (No 5) [2016] NSWSC 967

The application for adjournment until 24 August 2016 was refused because there was insufficient evidence to justify a lengthy adjournment based on counsel availability or funding issues, especially given the lack of affidavit evidence and unexplained delay. However, a short adjournment of two weeks was granted due to the recent disclosure of material by the Crown, allowing the accused reasonable time to consider the evidence. The interests of timely justice and proper case management outweighed the request for a longer adjournment.

Jurisdiction
Australia
Judgment Date
12 July 2016
Procedural Posture
Criminal Trial / Pre Trial Adjournment Application
Outcome
Application for adjournment until 24 August 2016 refused; trial adjourned until 25 July 2016.
Legal Topics
['adjournment' 'disclosure' 'case Management']
['criminal Law' 'practice and Procedure'] ['adjournment' 'disclosure' 'case Management']

Case Brief

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Procedural Posture

Criminal Trial / Pre Trial Adjournment Application

Legal Issues

  1. 1 ['Whether the trial should be adjourned until 24 August 2016 due to counsel availability and late disclosure of relevant material by the Crown' 'Whether late disclosure by the Crown justifies a longer adjournment' 'Extent to which case management and witness memory degradation should influence adjournment']

Ratio Decidendi

The application for adjournment until 24 August 2016 was refused because there was insufficient evidence to justify a lengthy adjournment based on counsel availability or funding issues, especially given the lack of affidavit evidence and unexplained delay. However, a short adjournment of two weeks was granted due to the recent disclosure of material by the Crown, allowing the accused reasonable time to consider the evidence. The interests of timely justice and proper case management outweighed the request for a longer adjournment.

Court Disposition

Application for adjournment until 24 August 2016 refused; trial adjourned until 25 July 2016.

Orders

  • ['The application for the adjournment of the trial until 24 August 2016 is refused.' 'The trial is adjourned until Monday 25 July 2016.']