R v Yousif [2019] NSWDC 615

R v Yousif [2019] NSWDC 615

The application to vacate the trial date was granted not because compelling and exceptional reasons existed for counsel to return the brief, but due to the consent of the accused, the absence of alternative counsel, the complex nature of the trial, and the Crown's position that proceeding would serve no utility given the attendant circumstances.

Parties
Crown: Regina; Accused: Alina Yousif
Jurisdiction
Australia
Judgment Date
23 October 2019
Procedural Posture
Criminal / Application to Vacate Trial Date / Pre Trial Orders
Outcome
Application to vacate trial date granted; matter adjourned with consequential pre-trial directions and bail to continue.
Legal Topics
Adjournment, Trial Procedure, Barrister Conduct, Pre Trial Directions
Criminal Law Criminal Procedure Adjournment Trial Procedure Barrister Conduct Pre Trial Directions

Case Brief

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Parties

Regina

Crown

Alina Yousif

Accused

Procedural Posture

Criminal / Application to Vacate Trial Date / Pre Trial Orders

Legal Issues

  1. 1 Whether there were exceptional and compelling circumstances to allow counsel to return the brief and vacate the trial date
  2. 2 Whether the conduct of the accused and her solicitor justified the adjournment of the trial

Ratio Decidendi

The application to vacate the trial date was granted not because compelling and exceptional reasons existed for counsel to return the brief, but due to the consent of the accused, the absence of alternative counsel, the complex nature of the trial, and the Crown's position that proceeding would serve no utility given the attendant circumstances.

Court Disposition

Application to vacate trial date granted; matter adjourned with consequential pre-trial directions and bail to continue.

Orders

  • Application to vacate trial date of 23 October 2019 granted.
  • Matter adjourned for trial to 24 February 2020 at Albury, 10am.