R v Chalabian (No. 1) [2020] NSWSC 1341

R v Chalabian (No. 1) [2020] NSWSC 1341

Although the Court was ready to proceed, special arrangements had been made for the trial, there was a strong public interest in avoiding delay, and there was no satisfactory explanation for the lateness of the Crown's change of position, it would be a grave step to force the trial to proceed where both the Crown and the Accused sought that it be vacated, Mr Hausman's evidence was said to be relevant to events closely intertwined with the Accused, and the application was unopposed. Forcing the trial on would not accord with the interests of justice.

Jurisdiction
Australia
Judgment Date
01 October 2020
Procedural Posture
Criminal Proceedings; Crown Application to Vacate Trial / Pre Trial Procedural Ruling Before Listed Jury Trial
Outcome
Crown application granted; trial vacated; Accused's bail continued.
Legal Topics
['application to Vacate Trial' 'proceeds of Crime Offences' 'prosecution Disclosure' 'delay in Proceedings on Indictment' 'covid 19 Jury Trial Arrangements' 'bail']
['criminal Law' 'criminal Procedure'] ['application to Vacate Trial' 'proceeds of Crime Offences' 'prosecution Disclosure' 'delay in Proceedings on Indictment' 'covid 19 Jury Trial Arrangements' 'bail']

Case Brief

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Procedural Posture

Criminal Proceedings; Crown Application to Vacate Trial / Pre Trial Procedural Ruling Before Listed Jury Trial

Legal Issues

  1. 1 ["Whether the trial of Sevag Chalabian listed for 12 October 2020 should be vacated on the Crown's late application after the Crown changed its position and decided to call co-accused Daniel Hausman as a witness." 'Whether the joint position of the Crown and the Accused justified vacating the trial despite the public interest in criminal trials proceeding on fixed dates and the special arrangements made for a jury trial during the COVID-19 pandemic.']

Ratio Decidendi

Although the Court was ready to proceed, special arrangements had been made for the trial, there was a strong public interest in avoiding delay, and there was no satisfactory explanation for the lateness of the Crown's change of position, it would be a grave step to force the trial to proceed where both the Crown and the Accused sought that it be vacated, Mr Hausman's evidence was said to be relevant to events closely intertwined with the Accused, and the application was unopposed. Forcing the trial on would not accord with the interests of justice.

Court Disposition

Crown application granted; trial vacated; Accused's bail continued.

Orders

  • ['The trial of the Accused, Sevag Chalabian, listed for 12 October 2020 is vacated.' 'The proceedings are to be placed in the Arraignments List on 6 November 2020.' "The Accused's bail is continued."]