R v Kimura; R v Swan [2016] NSWSC 1978

R v Kimura; R v Swan [2016] NSWSC 1978

The Court found that while new counsel is needed for Swan, there is capacity for representation and no very substantial reason to vacate the trial fixture for a long period. The trial date is deferred for two weeks to allow for proper representation but not set aside indefinitely. Severance of counts is inappropriate as the Crown case is essentially the same against both accused and separate trials would duplicate proceedings unnecessarily.

Parties
Prosecution: Regina (Crown); Accused: Thompson Kimura; Accused: William Rodney Swan
Jurisdiction
Australia
Judgment Date
14 April 2016
Procedural Posture
Criminal / Pre Trial Application to Vacate Trial Date
Outcome
Trial date for 18 April 2016 vacated; trial fixed to commence on 2 May 2016 for both accused.
Legal Topics
Application to Vacate Trial Date, Murder Trial, Public Interest in Timely Proceedings, Separate Representation of Accused
Criminal Law Application to Vacate Trial Date Murder Trial Public Interest in Timely Proceedings Separate Representation of Accused

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Parties

Regina (Crown)

Prosecution

Thompson Kimura

Accused

William Rodney Swan

Accused

Procedural Posture

Criminal / Pre Trial Application to Vacate Trial Date

Legal Issues

  1. 1 Whether the scheduled trial date should be vacated for the accused Swan due to lack of counsel
  2. 2 Whether severance of counts for separate trial for Kimura is appropriate
  3. 3 The public interest in criminal trials proceeding as fixed

Ratio Decidendi

The Court found that while new counsel is needed for Swan, there is capacity for representation and no very substantial reason to vacate the trial fixture for a long period. The trial date is deferred for two weeks to allow for proper representation but not set aside indefinitely. Severance of counts is inappropriate as the Crown case is essentially the same against both accused and separate trials would duplicate proceedings unnecessarily.

Court Disposition

Trial date for 18 April 2016 vacated; trial fixed to commence on 2 May 2016 for both accused.

Orders

  • The trial fixed for 18 April 2016 is vacated.
  • The trial for each Accused is fixed at the Supreme Court at Sydney commencing on 2 May 2016.