R v Macdonald (No. 2) [2016] NSWSC 1941

R v Macdonald (No. 2) [2016] NSWSC 1941

A short adjournment of the Dietrich application is granted to permit further attempts to secure public funding for the accused's defence, with the trial's imminence limiting the adjournment. A non-publication order is made regarding evidence supporting the stay application to prevent prejudice to proper justice administration, except disclosures to relevant decision-makers for public funding.

Jurisdiction
Australia
Judgment Date
01 April 2016
Procedural Posture
Criminal / Dietrich Application Adjournment; Pre Trial Motion
Outcome
Adjournment granted; non-publication order made with specified carve-out.
Legal Topics
['adjournment' 'dietrich Application' 'litigation Funding' 'non Publication Order']
['criminal Law' 'procedure'] ['adjournment' 'dietrich Application' 'litigation Funding' 'non Publication Order']

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Procedural Posture

Criminal / Dietrich Application Adjournment; Pre Trial Motion

Legal Issues

  1. 1 ['Whether to adjourn the Dietrich application to permit accused to obtain litigation funding' 'Whether to make a non-publication order regarding evidence adduced for the Dietrich application']

Ratio Decidendi

A short adjournment of the Dietrich application is granted to permit further attempts to secure public funding for the accused's defence, with the trial's imminence limiting the adjournment. A non-publication order is made regarding evidence supporting the stay application to prevent prejudice to proper justice administration, except disclosures to relevant decision-makers for public funding.

Court Disposition

Adjournment granted; non-publication order made with specified carve-out.

Orders

  • ["Mr Macdonald's application for a stay is adjourned to 8 April 2016." 'A non-publication order is made in respect of evidence adduced by Mr Macdonald in support of his application, including oral evidence of Mr Dan; subject to liberty to disclose to relevant persons for public funding applications.']