R v Elmir (No. 2) [2018] NSWSC 338

R v Elmir (No. 2) [2018] NSWSC 338

The trial was vacated because the Crown's new witness appeared likely to give evidence of some significance, but the witness himself was facing Commonwealth Criminal Code charges and could not be called in the accused's trial until after that matter was dealt with, making the listed trial unable to proceed.

Jurisdiction
Australia
Judgment Date
16 March 2018
Procedural Posture
Criminal Proceeding / Application to Vacate Trial
Outcome
Trial vacated and proceedings stood into the Arraignment List on 6 April 2018.
Legal Topics
['application to Vacate Trial' 'new Crown Witness' 'witness Facing Trial' 'arraignment List']
['criminal Law' 'criminal Procedure'] ['application to Vacate Trial' 'new Crown Witness' 'witness Facing Trial' 'arraignment List']

Case Brief

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Procedural Posture

Criminal Proceeding / Application to Vacate Trial

Legal Issues

  1. 1 ["Whether the trial commencing 19 March 2018 should be vacated because the Crown intended to call a new witness who was facing trial and could not be called until that witness's own matter was dealt with."]

Ratio Decidendi

The trial was vacated because the Crown's new witness appeared likely to give evidence of some significance, but the witness himself was facing Commonwealth Criminal Code charges and could not be called in the accused's trial until after that matter was dealt with, making the listed trial unable to proceed.

Court Disposition

Trial vacated and proceedings stood into the Arraignment List on 6 April 2018.

Orders

  • ['Trial commencing 19 March 2018 vacated.' 'Stand proceedings into Arraignment List on 6 April 2018.']