R v Hayne [2022] NSWDC 124

R v Hayne [2022] NSWDC 124

On balance, the trial should remain in Sydney. Although there is a general practice favouring trial in the place where the alleged offences occurred, that practice is not a rule of law. The court was satisfied that Sydney offered more robust facilities and that the circumstances did not justify removing the trial to Newcastle.

Jurisdiction
Australia
Judgment Date
21 March 2022
Procedural Posture
Criminal Proceedings; Notice of Motion to Transfer Venue / Pre Trial Application After Convictions Were Quashed and a New Trial Ordered
Outcome
Application to transfer the hearing of the trial to Newcastle District Court is refused.
Legal Topics
['change of Venue' 'trial Venue' 'fair Trial' 'suppression and Non Publication Orders']
['criminal Law' 'criminal Procedure'] ['change of Venue' 'trial Venue' 'fair Trial' 'suppression and Non Publication Orders']

Case Brief

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Procedural Posture

Criminal Proceedings; Notice of Motion to Transfer Venue / Pre Trial Application After Convictions Were Quashed and a New Trial Ordered

Legal Issues

  1. 1 ['Whether the hearing of the trial should be transferred to the District Court of New South Wales at Newcastle.' 'Whether the general practice that a trial proceed in the district where the alleged offences occurred should yield to other considerations, including fairness, security, convenience and expedition.' 'Whether s 30 Criminal Procedure Act 1986 was engaged if the application was properly characterised as a change of venue application.']

Ratio Decidendi

On balance, the trial should remain in Sydney. Although there is a general practice favouring trial in the place where the alleged offences occurred, that practice is not a rule of law. The court was satisfied that Sydney offered more robust facilities and that the circumstances did not justify removing the trial to Newcastle.

Court Disposition

Application to transfer the hearing of the trial to Newcastle District Court is refused.

Orders

  • ['The application made on behalf of the accused is refused.' 'Pursuant to s 8(1)(a) Court Suppression and Non-Publication Orders Act 2010, the portion of the judgement dealing with the conduct of those purporting to support the accused at the proceedings for the determination of sentence is not to be published.'...