R v Warwick (No.20) [2018] NSWSC 656

R v Warwick (No.20) [2018] NSWSC 656

The interests of justice were best served by granting a partial adjournment: allowing the Crown's opening address and the admission of a key exhibit (Family Court file) as planned, then adjourn the commencement of evidence by two months to allow the accused to complete preparations, including review of subpoenaed documents and engagement of forensic experts. The flexibility of a judge alone trial facilitated this course without undue prejudice to either party.

Parties
Prosecution: The Crown; Accused: Leonard John Warwick
Jurisdiction
Australia
Judgment Date
11 May 2018
Procedural Posture
Criminal Trial / Pre Trial Procedural Ruling Regarding Adjournment and Trial Arrangements
Outcome
Adjournment granted in part; trial arrangements varied as specified in orders.
Legal Topics
Adjournment, Criminal Procedure, Judge Alone Trial, Pre Trial Processes
Criminal Law Adjournment Criminal Procedure Judge Alone Trial Pre Trial Processes

Case Brief

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Parties

The Crown

Prosecution

Leonard John Warwick

Accused

Procedural Posture

Criminal Trial / Pre Trial Procedural Ruling Regarding Adjournment and Trial Arrangements

Legal Issues

  1. 1 Whether the trial should be adjourned to allow the accused further time for preparation
  2. 2 Whether the trial should proceed as a judge alone trial
  3. 3 How to balance public interest in timely trials with the accused's right to adequate preparation

Ratio Decidendi

The interests of justice were best served by granting a partial adjournment: allowing the Crown's opening address and the admission of a key exhibit (Family Court file) as planned, then adjourn the commencement of evidence by two months to allow the accused to complete preparations, including review of subpoenaed documents and engagement of forensic experts. The flexibility of a judge alone trial facilitated this course without undue prejudice to either party.

Court Disposition

Adjournment granted in part; trial arrangements varied as specified in orders.

Orders

  • The hearing of the trial is adjourned from 14 May 2018 to 15 May 2018.
  • The trial is fixed to commence on 15 May 2018, for the Crown's opening address and any opening address by the accused's lawyers.