R v Alqudsi [2015] NSWSC 2132

R v Alqudsi [2015] NSWSC 2132

Although the accused's recent change in legal representation was not determinative or significant, the interests of justice required that he have sufficient time to assess the transcripts; given the inevitable disruption of the trial date, the matter should be stood over to the next arraignments list so the Court's resources could be managed by the arraignments judge.

Jurisdiction
Australia
Judgment Date
28 August 2015
Procedural Posture
Criminal Proceeding; Application for Adjournment / Before Trial Listed to Commence on 21 September 2015
Outcome
Trial date vacated and matter stood over to the arraignments list.
Legal Topics
['application for Adjournment' 'trial Date Vacated' 'telephone Intercept Transcripts' 'foreign Incursions and Recruitment Offence']
['criminal Law' 'practice and Procedure'] ['application for Adjournment' 'trial Date Vacated' 'telephone Intercept Transcripts' 'foreign Incursions and Recruitment Offence']

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 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Proceeding; Application for Adjournment / Before Trial Listed to Commence on 21 September 2015

Legal Issues

  1. 1 ['Whether the trial listed to commence on 21 September 2015 should be adjourned.' 'Whether the accused should have further time to assess which parts of the transcripts he contests or accepts as accurate.']

Ratio Decidendi

Although the accused's recent change in legal representation was not determinative or significant, the interests of justice required that he have sufficient time to assess the transcripts; given the inevitable disruption of the trial date, the matter should be stood over to the next arraignments list so the Court's resources could be managed by the arraignments judge.

Court Disposition

Trial date vacated and matter stood over to the arraignments list.

Orders

  • ['Vacate the trial date of 21 September 2015 and stand this matter over to the arraignments list before Johnson J on 11 September 2015.' 'Direct the accused, by email to the Associate of the arraignments list judge, to confirm on or before 4 September 2015 whether he presses the matter relating to the certificate...