R v Pratten (No 16) [2015] NSWSC 1501

R v Pratten (No 16) [2015] NSWSC 1501

Because Mr Pratten denied authorising waiver or tender and there was a conflict of interest between the accused and the legal practitioners seeking to withdraw, the Court would not treat counsel's tender as a tender on behalf of the accused and rejected the tender. Given the conflict, and without deciding whether leave to withdraw was necessary, leave was granted to the extent necessary to counsel and solicitors to withdraw.

Jurisdiction
Australia
Judgment Date
22 May 2015
Procedural Posture
Common Law Criminal / Procedural Ruling on Claim for Legal Professional Privilege and Application by Accused's Counsel and Instructing Solicitor for Leave to Withdraw
Outcome
Claim for legal professional privilege upheld; leave granted to accused's counsel and instructing solicitor to withdraw from the proceedings.
Legal Topics
['legal Professional Privilege' 'withdrawal of Legal Practitioners' 'conflict Between Accused and Legal Practitioners' 'waiver of Privilege' 'tender of Documents']
['criminal Law' 'legal Profession' 'evidence'] ['legal Professional Privilege' 'withdrawal of Legal Practitioners' 'conflict Between Accused and Legal Practitioners' 'waiver of Privilege' 'tender of Documents']

Case Brief

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Procedural Posture

Common Law Criminal / Procedural Ruling on Claim for Legal Professional Privilege and Application by Accused's Counsel and Instructing Solicitor for Leave to Withdraw

Legal Issues

  1. 1 ['Whether documents tendered to the Court should be treated as privileged or as validly tendered on behalf of the accused where the accused denied authorising waiver or tender.' 'Whether counsel and instructing solicitor for the accused should be granted leave to withdraw from the criminal proceedings in circumstances of conflict with the accused.']

Ratio Decidendi

Because Mr Pratten denied authorising waiver or tender and there was a conflict of interest between the accused and the legal practitioners seeking to withdraw, the Court would not treat counsel's tender as a tender on behalf of the accused and rejected the tender. Given the conflict, and without deciding whether leave to withdraw was necessary, leave was granted to the extent necessary to counsel and solicitors to withdraw.

Court Disposition

Claim for legal professional privilege upheld; leave granted to accused's counsel and instructing solicitor to withdraw from the proceedings.

Orders

  • ['Claim for legal professional privilege upheld.' "Leave granted to accused's counsel and instructing solicitor to withdraw from the proceedings."]