R v Warwick (No.32) [2018] NSWSC 1105

R v Warwick (No.32) [2018] NSWSC 1105

The Court refused the adjournment because the late volume of documents resulted from subpoenas issued and timed by the Accused, there had been an adequate period to prepare cross-examination of the first Crown witnesses, any later-discovered relevant material could be addressed by an application to recall witnesses, and the interests of justice compelled commencement of the trial.

Jurisdiction
Australia
Judgment Date
16 July 2018
Procedural Posture
Criminal Procedure Ruling / Fifth Adjournment Application by the Accused, Made Orally on the Morning of Re Commencement of the Trial
Outcome
Application for adjournment refused.
Legal Topics
['adjournment of Criminal Trial' 'disclosure' 'subpoenas' 'interests of Justice' 'cross Examination Preparation']
['criminal Law' 'criminal Procedure'] ['adjournment of Criminal Trial' 'disclosure' 'subpoenas' 'interests of Justice' 'cross Examination Preparation']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Procedure Ruling / Fifth Adjournment Application by the Accused, Made Orally on the Morning of Re Commencement of the Trial

Legal Issues

  1. 1 ['Whether the trial should be further adjourned because recently produced documents from the Commissioner for New South Wales Police had not all been read and cross-examination of at least the initial five witnesses was not completely prepared.' 'Whether the timing and breadth of subpoena production sought by the Accused justified delaying the recommencement of evidence.']

Ratio Decidendi

The Court refused the adjournment because the late volume of documents resulted from subpoenas issued and timed by the Accused, there had been an adequate period to prepare cross-examination of the first Crown witnesses, any later-discovered relevant material could be addressed by an application to recall witnesses, and the interests of justice compelled commencement of the trial.

Court Disposition

Application for adjournment refused.

Orders

  • ['The application made orally by the Accused for an adjournment was refused.']