R v Warwick (No.63) [2019] NSWSC 41

R v Warwick (No.63) [2019] NSWSC 41

Because the Accused was without legal representation in the middle of a lengthy part-heard criminal trial, an adjournment was necessary to permit a possible temporary stay application and to allow preparation for the possibility that the trial would resume with the Accused self-represented. However, a twelve-week or indefinite adjournment was not justified, given the public interest in expeditious resolution, the length and part-heard state of the trial, the prior six-week adjournment, and the risk that a much longer interruption would itself compromise fairness. The appropriate course was to adjourn the trial to 11 March 2019 and make procedural, filing, service, directions hearing, and...

Jurisdiction
Australia
Judgment Date
31 January 2019
Procedural Posture
Criminal Trial; Notice of Motion Seeking Adjournment and Leave to Withdraw / Interlocutory Procedural Ruling During a Part Heard Trial
Outcome
The order for leave to withdraw was not pressed and was not further considered. The Accused's request for an adjournment of at least twelve weeks was not granted; instead, the trial was adjourned to 10am on 11 March 2019 and directions were made for any temporary stay motion and related administrative and custodial...
Legal Topics
['adjournment of Trial' 'legal Representation' 'temporary Stay' 'withdrawal of Solicitor' 'fair Trial' 'custodial and Administrative Directions']
['criminal Law' 'practice and Procedure'] ['adjournment of Trial' 'legal Representation' 'temporary Stay' 'withdrawal of Solicitor' 'fair Trial' 'custodial and Administrative Directions']

Case Brief

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Procedural Posture

Criminal Trial; Notice of Motion Seeking Adjournment and Leave to Withdraw / Interlocutory Procedural Ruling During a Part Heard Trial

Legal Issues

  1. 1 ["Whether the Court should consider an order granting leave for the Accused's solicitor to withdraw where that order was not pressed." 'Whether the part-heard criminal trial should be adjourned because the Accused was without legal representation after termination of the retainer.' 'What length of adjournment was appropriate in the interests of the administration of justice, including fairness to the Accused and expeditious resolution of the charges.' 'Whether directions should be made to allow the Accused to bring an application for a temporary stay of the trial until legal representation is provided.']

Ratio Decidendi

Because the Accused was without legal representation in the middle of a lengthy part-heard criminal trial, an adjournment was necessary to permit a possible temporary stay application and to allow preparation for the possibility that the trial would resume with the Accused self-represented. However, a twelve-week or indefinite adjournment was not justified, given the public interest in expeditious resolution, the length and part-heard state of the trial, the prior six-week adjournment, and the risk that a much longer interruption would itself compromise fairness. The appropriate course was to adjourn the trial to 11 March 2019 and make procedural, filing, service, directions hearing, and...

Court Disposition

The order for leave to withdraw was not pressed and was not further considered. The Accused's request for an adjournment of at least twelve weeks was not granted; instead, the trial was adjourned to 10am on 11 March 2019 and directions were made for any temporary stay motion and related administrative and custodial...

Orders

  • ['Adjourn the hearing of the trial and the taking of evidence to 10am 11 March 2019.' 'Fix the matter for a directions hearing at 10am on 4 March 2019 in the presence of the Accused, for the purpose of considering all further administrative and custodial matters which may arise with respect to the efficient further...