R v Dunstall [2018] NSWSC 1576

R v Dunstall [2018] NSWSC 1576

The accused's application for change of venue was dismissed because, despite logistical difficulties and a slight preference for Sydney in convenience, the overriding consideration was the proximity of the trial date, the accused's extended custody, and absence of compelling reason to disrupt arrangements already made. Delay that would result from change of venue to Sydney is undesirable from the perspectives of justice, the community, and the accused.

Parties
Crown: Regina; Accused: Glen Roland Dunstall
Jurisdiction
Australia
Judgment Date
10 August 2018
Procedural Posture
Criminal / Interlocutory Application for Change of Venue
Outcome
Application for change of venue dismissed; trial date and venue in Wollongong confirmed.
Legal Topics
Change of Venue, Balance of Convenience, Logistical Considerations for Trial, Trial Scheduling
Criminal Law Criminal Procedure Change of Venue Balance of Convenience Logistical Considerations for Trial Trial Scheduling

Case Brief

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Parties

Regina

Crown

Glen Roland Dunstall

Accused

Procedural Posture

Criminal / Interlocutory Application for Change of Venue

Legal Issues

  1. 1 Whether trial venue should be changed from Wollongong to Sydney
  2. 2 Whether the balance of convenience favours a change of venue
  3. 3 Whether logistical impositions on the accused and defence team justify a change in venue

Ratio Decidendi

The accused's application for change of venue was dismissed because, despite logistical difficulties and a slight preference for Sydney in convenience, the overriding consideration was the proximity of the trial date, the accused's extended custody, and absence of compelling reason to disrupt arrangements already made. Delay that would result from change of venue to Sydney is undesirable from the perspectives of justice, the community, and the accused.

Court Disposition

Application for change of venue dismissed; trial date and venue in Wollongong confirmed.

Orders

  • The notice of motion of the applicant filed 1 August 2018 is dismissed.
  • The trial date of Monday 3 September 2018 at Wollongong is confirmed.