R v Rawlinson [2013] NSWSC 1722

R v Rawlinson [2013] NSWSC 1722

There are no exceptional circumstances or evidence that a fair or unprejudiced trial cannot be had in Wollongong. The risks cited by the accused, including local publicity and community connections, can be managed by jury directions and the usual processes of jury selection. The application for a change of venue is dismissed.

Parties
Crown: Regina; Accused: Bradley Max Rawlinson
Jurisdiction
Australia
Judgment Date
21 November 2013
Procedural Posture
Criminal / Application for Change of Venue
Outcome
Application for change of venue dismissed
Legal Topics
Change of Venue, Fair Trial, Pre Trial Publicity, Jury Selection
Criminal Law Change of Venue Fair Trial Pre Trial Publicity Jury Selection

Case Brief

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Parties

Regina

Crown

Bradley Max Rawlinson

Accused

Procedural Posture

Criminal / Application for Change of Venue

Legal Issues

  1. 1 Whether the accused can receive a fair or unprejudiced trial in Wollongong given local publicity and connections to witnesses and the deceased
  2. 2 Whether a change of venue to Sydney is warranted to secure a fair trial

Ratio Decidendi

There are no exceptional circumstances or evidence that a fair or unprejudiced trial cannot be had in Wollongong. The risks cited by the accused, including local publicity and community connections, can be managed by jury directions and the usual processes of jury selection. The application for a change of venue is dismissed.

Court Disposition

Application for change of venue dismissed

Orders

  • Notice of motion by the accused for change of venue is dismissed