R v Seller; R v McCarthy (No 5) [2014] NSWSC 1410

R v Seller; R v McCarthy (No 5) [2014] NSWSC 1410

Given the pending Court of Criminal Appeal determination shortly before the listed trial date, the possible effect of that determination on the Crown witness position, the expected timing of the alternative witness report, and the need for about one and a half days of legal objections and voir dire, requiring counsel to proceed to empanelment later that same week would be unduly onerous and not in the interests of the parties or the Court. The jury empanelment was therefore fixed for Monday 27 October 2014 at 10am, with legal objections to commence on the preceding Wednesday.

Jurisdiction
Australia
Judgment Date
10 October 2014
Procedural Posture
Criminal Proceedings / Application for Adjournment Before Jury Empanelment and Voir Dire
Outcome
Adjournment granted.
Legal Topics
['adjournment' 'jury Empanelment' 'voir Dire' 'interlocutory Appeal' 'trial Management']
['practice and Procedure' 'criminal Law'] ['adjournment' 'jury Empanelment' 'voir Dire' 'interlocutory Appeal' 'trial Management']

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Procedural Posture

Criminal Proceedings / Application for Adjournment Before Jury Empanelment and Voir Dire

Legal Issues

  1. 1 ['Whether the listed trial date should be adjourned for jury empanelment in light of pending Court of Criminal Appeal orders and unresolved legal objections.' 'Whether legal objections and voir dire matters should be dealt with before the jury is empanelled.']

Ratio Decidendi

Given the pending Court of Criminal Appeal determination shortly before the listed trial date, the possible effect of that determination on the Crown witness position, the expected timing of the alternative witness report, and the need for about one and a half days of legal objections and voir dire, requiring counsel to proceed to empanelment later that same week would be unduly onerous and not in the interests of the parties or the Court. The jury empanelment was therefore fixed for Monday 27 October 2014 at 10am, with legal objections to commence on the preceding Wednesday.

Court Disposition

Adjournment granted.

Orders

  • ['We will commence the discussion of legal objections on the voir dire on the Wednesday of that week at 10am.' 'The date upon which the jury will be empanelled will be Monday 27 October 2014 at 10am.']