R v Beattie [2015] NSWSC 394

R v Beattie [2015] NSWSC 394

The application to vacate the trial date was dismissed because, after discussion, the defence was satisfied arrangements could be made to brief suitable counsel and secure expert reports in time, particularly with assistance from the Crown and the court. The motion was not pressed.

Parties
Prosecution: Regina; Accused: Matthew Beattie
Jurisdiction
Australia
Judgment Date
17 February 2015
Procedural Posture
Criminal / Pre Trial Ruling on Application to Vacate Trial Date
Outcome
Notice of motion to vacate trial date dismissed as not pressed; trial date confirmed; jury panel not to be called before 3 March 2015.
Legal Topics
Application to Vacate Trial Date, Counsel Unavailability, Preparation of Expert Reports, Pre Trial Procedure
Criminal Law Application to Vacate Trial Date Counsel Unavailability Preparation of Expert Reports Pre Trial Procedure

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Party arguments 2
Sign in to unlock

Parties

Regina

Prosecution

Matthew Beattie

Accused

Procedural Posture

Criminal / Pre Trial Ruling on Application to Vacate Trial Date

Legal Issues

  1. 1 Whether the trial date of 2 March 2015 should be vacated due to unavailability of preferred counsel and outstanding expert reports for the defence

Ratio Decidendi

The application to vacate the trial date was dismissed because, after discussion, the defence was satisfied arrangements could be made to brief suitable counsel and secure expert reports in time, particularly with assistance from the Crown and the court. The motion was not pressed.

Court Disposition

Notice of motion to vacate trial date dismissed as not pressed; trial date confirmed; jury panel not to be called before 3 March 2015.

Orders

  • The notice of motion of the accused of 16 February 2015 is dismissed on the basis that it is no longer pressed.
  • The trial date of 2 March 2015 is confirmed.