R v Gatt (No 8) [2018] NSWSC 489

R v Gatt (No 8) [2018] NSWSC 489

The Court had power, derived from its obligation to ensure a fair trial and supported by statutory powers concerning trial management and court security, to direct that the accused's lawyers be permitted to provide him with food where the existing custody arrangements and inadequate meals created a real risk of unfairness and were affecting the conduct of the trial. The power should be exercised because the security issues could be managed and the lawyers were officers of the Court.

Jurisdiction
Australia
Judgment Date
24 April 2018
Procedural Posture
Criminal Trial Procedural Ruling / During the Course of the Hearing
Outcome
Direction given as to suitable meal arrangements, but it proved unnecessary to give effect to it after alternative arrangements were made and cooperation was forthcoming.
Legal Topics
['fair Trial' 'court Powers to Manage Trial' 'accused in Custody' 'provision of Food During Trial' 'court Security']
['criminal Law' 'criminal Procedure'] ['fair Trial' 'court Powers to Manage Trial' 'accused in Custody' 'provision of Food During Trial' 'court Security']

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Procedural Posture

Criminal Trial Procedural Ruling / During the Course of the Hearing

Legal Issues

  1. 1 ["Whether the Court had power to direct that the accused's lawyers be permitted to provide him with food during the trial while he was in custody." "Whether the Court should exercise its powers where arrangements for a suitable meal for the accused had not been adhered to and the accused's health and the conduct of the trial were affected."]

Ratio Decidendi

The Court had power, derived from its obligation to ensure a fair trial and supported by statutory powers concerning trial management and court security, to direct that the accused's lawyers be permitted to provide him with food where the existing custody arrangements and inadequate meals created a real risk of unfairness and were affecting the conduct of the trial. The power should be exercised because the security issues could be managed and the lawyers were officers of the Court.

Court Disposition

Direction given as to suitable meal arrangements, but it proved unnecessary to give effect to it after alternative arrangements were made and cooperation was forthcoming.

Orders

  • ["Direction that Mr Gatt's lawyers be permitted to provide him, while remaining sitting in the dock in court in the presence of corrective service and sheriff's officers and his lawyer, with food to eat for lunch before being returned to the cells during the lunchtime adjournment." 'The direction was withdrawn after...