R v Medich (No 1) [2014] NSWSC 1841

R v Medich (No 1) [2014] NSWSC 1841

Because judgment on the accused's permanent stay application was reserved, the unsuccessful party could reasonably be expected to bring proceedings under s 5F of the Criminal Appeal Act 1912, and it would be virtually impossible for the Court of Criminal Appeal to hear and determine such proceedings before the scheduled trial date of 25 August 2014, there was no practical alternative but to vacate that trial date.

Jurisdiction
Australia
Judgment Date
25 July 2014
Procedural Posture
Criminal Trial / Procedural Ruling on Whether to Vacate Proposed Trial Date Following Reserved Permanent Stay Application
Outcome
The trial date of 25 August 2014 was vacated.
Legal Topics
['permanent Stay of Trial' 'vacation of Trial Date' 'appeal to Court of Criminal Appeal' 'suppression Order']
['criminal Law' 'criminal Procedure'] ['permanent Stay of Trial' 'vacation of Trial Date' 'appeal to Court of Criminal Appeal' 'suppression Order']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Trial / Procedural Ruling on Whether to Vacate Proposed Trial Date Following Reserved Permanent Stay Application

Legal Issues

  1. 1 ['Whether the proposed trial date of 25 August 2014 should be vacated in light of the reserved application for a permanent stay of the trial and the likely appellate process under s 5F of the Criminal Appeal Act 1912.' 'Whether the existing suppression order should continue to apply to the reasons for vacating the trial date.']

Ratio Decidendi

Because judgment on the accused's permanent stay application was reserved, the unsuccessful party could reasonably be expected to bring proceedings under s 5F of the Criminal Appeal Act 1912, and it would be virtually impossible for the Court of Criminal Appeal to hear and determine such proceedings before the scheduled trial date of 25 August 2014, there was no practical alternative but to vacate that trial date.

Court Disposition

The trial date of 25 August 2014 was vacated.

Orders

  • ['The trial date of 25 August 2014 is vacated.']