R v Seller; R v McCarthy [2015] NSWSC 1181
Application to withdraw as counsel refused because there was insufficient time for another legal practitioner to take over the case properly before the hearing and the accused did not consent to the withdrawal. Ethical obligations under Barristers' Rules required continued representation.
- Parties
- Accused: Ross Edward Seller; Accused: Patrick David McCarthy; Crown: Commonwealth Director of Public Prosecutions
- Jurisdiction
- Australia
- Judgment Date
- 19 August 2015
- Procedural Posture
- Criminal / Application to Withdraw as Counsel Prior to Trial
- Outcome
- Application refused
- Legal Topics
- Barristers' Conduct, Withdrawal of Counsel, Serious Criminal Offence, Ethical Obligations
Case Brief
Summary, issues, holding and outcome
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Parties
Ross Edward Seller
Accused
Patrick David McCarthy
Accused
Commonwealth Director of Public Prosecutions
Crown
Procedural Posture
Criminal / Application to Withdraw as Counsel Prior to Trial
Legal Issues
- 1 Whether counsel may return (withdraw from) brief to defend a serious criminal offence due to non-payment of fees
- 2 Whether sufficient time exists for another legal practitioner to take over the case
- 3 Whether client consented to withdrawal
Ratio Decidendi
Application to withdraw as counsel refused because there was insufficient time for another legal practitioner to take over the case properly before the hearing and the accused did not consent to the withdrawal. Ethical obligations under Barristers' Rules required continued representation.
Court Disposition
Application refused
Orders
- Application by Mr D K L Raphael to withdraw as counsel for Mr Seller is refused
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