R v Da Silva [2016] NSWSC 499

R v Da Silva [2016] NSWSC 499

The application was refused because the proposed further computer examination was speculative, had no reasonable prospect of producing material realistically likely to improve the accused's position, and delaying the trial would not create a reasonable possibility of obtaining material of substantial assistance; the CCTV material was not considered particularly difficult or time consuming for experienced lawyers to master, and the age of the proceedings and interests in finality weighed against further delay.

Jurisdiction
Australia
Judgment Date
21 April 2016
Procedural Posture
Criminal Proceeding for Murder / Pre Trial Application to Vacate Trial Date
Outcome
Application to vacate trial date refused
Legal Topics
['application to Vacate Trial Date' 'murder' 'circumstantial Evidence' 'preparation for Trial' 'expert Examination of Computers' 'reasonable Hypothesis Consistent With Innocence']
['criminal Law' 'practice and Procedure'] ['application to Vacate Trial Date' 'murder' 'circumstantial Evidence' 'preparation for Trial' 'expert Examination of Computers' 'reasonable Hypothesis Consistent With Innocence']

Case Brief

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Procedural Posture

Criminal Proceeding for Murder / Pre Trial Application to Vacate Trial Date

Legal Issues

  1. 1 ['Whether the trial date should be vacated to allow the accused further time to prepare for trial.' "Whether further expert examination of the victim's computers was reasonably likely to produce material of substantial assistance to the accused." "Whether the accused's need to examine CCTV and other electronic material justified delaying the trial."]

Ratio Decidendi

The application was refused because the proposed further computer examination was speculative, had no reasonable prospect of producing material realistically likely to improve the accused's position, and delaying the trial would not create a reasonable possibility of obtaining material of substantial assistance; the CCTV material was not considered particularly difficult or time consuming for experienced lawyers to master, and the age of the proceedings and interests in finality weighed against further delay.

Court Disposition

Application to vacate trial date refused

Orders

  • ['Application to vacate the trial listed to commence on 26 April 2016 refused.']