R v Pratten (No 15) [2015] NSWSC 573

R v Pratten (No 15) [2015] NSWSC 573

Having been granted Legal Aid with both solicitor and counsel retained for the re-trial, Mr Pratten is not unrepresented, and thus the stay application is not warranted; the Court is not precluded under the Legal Aid Commission Act 1979 (NSW) from proceeding with the trial. The trial is adjourned to allow additional preparation time, but the motion is dismissed with liberty to reapply if circumstances regarding representation materially change.

Jurisdiction
Australia
Judgment Date
01 May 2015
Procedural Posture
Criminal / Pre Trial Motion
Outcome
Motion dismissed; trial date vacated and relisted; leave to reapply on notice granted.
Legal Topics
['application for Stay of Proceedings' 'legal Aid' 'right to Representation' 'dietrich Principles']
['criminal Law'] ['application for Stay of Proceedings' 'legal Aid' 'right to Representation' 'dietrich Principles']

Case Brief

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Procedural Posture

Criminal / Pre Trial Motion

Legal Issues

  1. 1 ['Whether the proceedings should be stayed due to issues concerning Legal Aid arrangements and representation for the accused' 'Whether the Court is prevented by sections 56 and 57 of the Legal Aid Commission Act 1979 (NSW) from proceeding with the trial' 'Adequacy of time and resources granted for preparation of the defence']

Ratio Decidendi

Having been granted Legal Aid with both solicitor and counsel retained for the re-trial, Mr Pratten is not unrepresented, and thus the stay application is not warranted; the Court is not precluded under the Legal Aid Commission Act 1979 (NSW) from proceeding with the trial. The trial is adjourned to allow additional preparation time, but the motion is dismissed with liberty to reapply if circumstances regarding representation materially change.

Court Disposition

Motion dismissed; trial date vacated and relisted; leave to reapply on notice granted.

Orders

  • ['The motion is dismissed.' 'The trial date of empanelment of 18 May 2015 is vacated and the matter is listed to commence by empanelment on 1 June 2015.' "Leave is granted to the parties to approach on three working days' notice in relation to any of the matters addressed in the reasons."]