Regina (C'Wealth) v Baladjam & Ors [No 3] [2008] NSWSC 725
The application for change of venue is refused. Although inconvenience to Sydney-based lawyers and practical issues were acknowledged, the modern facilities at the Parramatta complex, the lack of suitable alternative venues, and the absence of any credible risk to a fair or unprejudiced trial meant that the criteria under section 30 of the Criminal Procedure Act 1986 were not met.
- Jurisdiction
- Australia
- Judgment Date
- 18 March 2008
- Procedural Posture
- Criminal / Interlocutory Application for Change of Venue
- Outcome
- Application for change of venue refused.
- Legal Topics
- ['change of Venue' 'suitability of Trial Venue' 'criminal Procedure' 'large Scale Criminal Trial']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Criminal / Interlocutory Application for Change of Venue
Legal Issues
- 1 ['Whether the Sydney West Trial Courts at Parramatta are a suitable venue for the trial of nine accused on terrorism-related charges' 'Whether the distance from Sydney CBD to Parramatta, or practical issues with the venue, warrant a change to another location']
Ratio Decidendi
The application for change of venue is refused. Although inconvenience to Sydney-based lawyers and practical issues were acknowledged, the modern facilities at the Parramatta complex, the lack of suitable alternative venues, and the absence of any credible risk to a fair or unprejudiced trial meant that the criteria under section 30 of the Criminal Procedure Act 1986 were not met.
Court Disposition
Application for change of venue refused.
Orders
- ['Application for change of venue is refused.']
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