REGISTRAR, COURT OF APPEAL v CRAVEN [1994] NSWCA 260

REGISTRAR, COURT OF APPEAL v CRAVEN [1994] NSWCA 260

The sentencing proceedings should, in the circumstances (substantial new issues and possible need for defending counsel to withdraw due to advice-based mitigation evidence), be adjourned to an early future date.

Parties
Claimant: Registrar, Court of Appeal; Opponent: Craven
Jurisdiction
Australia
Judgment Date
07 December 1994
Procedural Posture
Motion for Adjournment in Contempt Proceedings / Application for Adjournment of Sentencing and Reconsideration of Reasons/orders
Outcome
Adjournment granted (by majority, Kirby P and Powell JA; Meagher JA dissenting)
Legal Topics
Adjournment, Contempt of Court, Sentencing, Counsel Conflict of Interest
Practice and Procedure Criminal Law Adjournment Contempt of Court Sentencing Counsel Conflict of Interest

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Parties

Registrar, Court of Appeal

Claimant

Craven

Opponent

Procedural Posture

Motion for Adjournment in Contempt Proceedings / Application for Adjournment of Sentencing and Reconsideration of Reasons/orders

Legal Issues

  1. 1 Whether the sentencing proceedings should be adjourned due to new motion raising substantial issues and possible conflict of interest for counsel
  2. 2 Whether the Court should reopen its determination regarding the contempt charges

Ratio Decidendi

The sentencing proceedings should, in the circumstances (substantial new issues and possible need for defending counsel to withdraw due to advice-based mitigation evidence), be adjourned to an early future date.

Court Disposition

Adjournment granted (by majority, Kirby P and Powell JA; Meagher JA dissenting)

Orders

  • Vacate the hearing date of the summons before the Court on 9 December 1994.
  • Order that the summons be relisted for hearing, together with the motion of the Registrar, for reconsideration of the Court's reasons and proposed orders on a date to be fixed by the Registrar after consultation with the parties, with expedition category A, in the first fortnight of the new Term in 1995.