R v Khalid [2015] NSWSC 1561

R v Khalid [2015] NSWSC 1561

The trial date was vacated because the Crown conceded that substantial disclosure material was served too close to the trial date to afford the accused's counsel a proper opportunity to review it and seek instructions, and proceeding otherwise would have denied the accused a fair trial.

Jurisdiction
Australia
Judgment Date
21 October 2015
Procedural Posture
Criminal / Interlocutory Application to Vacate Trial Date
Outcome
Application to vacate trial date granted.
Legal Topics
['practice and Procedure' 'disclosure Obligations' 'vacating Trial Date']
['criminal Law'] ['practice and Procedure' 'disclosure Obligations' 'vacating Trial Date']

Case Brief

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Procedural Posture

Criminal / Interlocutory Application to Vacate Trial Date

Legal Issues

  1. 1 ["Whether the late disclosure by the Crown deprived the accused's representatives of a reasonable opportunity to consider material and obtain instructions, justifying vacation of the trial date"]

Ratio Decidendi

The trial date was vacated because the Crown conceded that substantial disclosure material was served too close to the trial date to afford the accused's counsel a proper opportunity to review it and seek instructions, and proceeding otherwise would have denied the accused a fair trial.

Court Disposition

Application to vacate trial date granted.

Orders

  • ['The trial date of 2 November 2015 is vacated.' 'The matter is listed before Johnson J, the arraignments judge, on 6 November 2015 at 10am.' 'The accused is to attend by way of audio-visual link before Johnson J on that day.']