R v Rogerson; R v McNamara (No 42) [2016] NSWSC 405

R v Rogerson; R v McNamara (No 42) [2016] NSWSC 405

Given the lack of evidence as to the circumstances for withdrawal of legal representation and the advanced stage of the joint trial, along with absence of identified alternative counsel and balancing the interests of justice, fairness, and the co-accused, the court refused to adjourn the trial, to order a separate trial, or to discharge the jury. The trial must proceed with McNamara unrepresented.

Parties
Crown: Regina; Accused: Roger Caleb Rogerson; Accused: Glen Patrick McNamara
Jurisdiction
Australia
Judgment Date
08 April 2016
Procedural Posture
Criminal / Interlocutory Motion During Trial
Outcome
Notice of motion dismissed. Trial to proceed.
Legal Topics
Adjournment of Criminal Trial, Unrepresented Accused, Joint Trial, Discharge of Jury
Criminal Law Practice and Procedure Adjournment of Criminal Trial Unrepresented Accused Joint Trial Discharge of Jury

Case Brief

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Parties

Regina

Crown

Roger Caleb Rogerson

Accused

Glen Patrick McNamara

Accused

Procedural Posture

Criminal / Interlocutory Motion During Trial

Legal Issues

  1. 1 Whether the trial should be adjourned to allow the accused McNamara to obtain new legal representation
  2. 2 Whether the accused McNamara should be tried separately from his co-accused Rogerson due to lack of representation
  3. 3 Whether the jury should be discharged

Ratio Decidendi

Given the lack of evidence as to the circumstances for withdrawal of legal representation and the advanced stage of the joint trial, along with absence of identified alternative counsel and balancing the interests of justice, fairness, and the co-accused, the court refused to adjourn the trial, to order a separate trial, or to discharge the jury. The trial must proceed with McNamara unrepresented.

Court Disposition

Notice of motion dismissed. Trial to proceed.

Orders

  • The notice of motion is dismissed.
  • The trial will proceed before the jury at 10am on Monday 11 April 2016.