R v Medich (No 3) [2016] NSWSC 67

R v Medich (No 3) [2016] NSWSC 67

The request for the directions hearing to be held in chambers was without merit because there was no reason for the matter not to proceed in open court, and any fair trial concern could be addressed by non-publication. In the absence of a formal adjournment application, and given the accused's unresolved funding position and lack of apparent alternative arrangements, the appropriate course was to maintain the pre-trial and trial dates and make procedural directions requiring notices and responses to clarify the real issues for trial.

Jurisdiction
Australia
Judgment Date
15 February 2016
Procedural Posture
Criminal Proceedings / Directions Before Trial
Outcome
Directions made; pre-trial applications and trial dates confirmed.
Legal Topics
['pre Trial Directions' 'access to Restrained Assets for Legal Fees' 'open Court' 'trial Preparation' 'notices Under Criminal Procedure Act 1986 (nsw) and Evidence Act 1995 (nsw)']
['criminal Law' 'practice and Procedure'] ['pre Trial Directions' 'access to Restrained Assets for Legal Fees' 'open Court' 'trial Preparation' 'notices Under Criminal Procedure Act 1986 (nsw) and Evidence Act 1995 (nsw)']

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Procedural Posture

Criminal Proceedings / Directions Before Trial

Legal Issues

  1. 1 ['Whether the directions hearing should be held in chambers rather than in open court.' 'How the proceedings should be managed where the accused claimed difficulty accessing funds because of Family Court orders restraining assets and had no counsel for the forthcoming trial.' 'What directions should be made to identify the real issues for the forthcoming criminal trial.']

Ratio Decidendi

The request for the directions hearing to be held in chambers was without merit because there was no reason for the matter not to proceed in open court, and any fair trial concern could be addressed by non-publication. In the absence of a formal adjournment application, and given the accused's unresolved funding position and lack of apparent alternative arrangements, the appropriate course was to maintain the pre-trial and trial dates and make procedural directions requiring notices and responses to clarify the real issues for trial.

Court Disposition

Directions made; pre-trial applications and trial dates confirmed.

Orders

  • ['The Crown is to serve a notice pursuant to ss 141(1)(a) and 142 of the Criminal Procedure Act 1986 (NSW) by 5 pm on Monday 22 February 2016.' "Pursuant to s. 143 of the Criminal Procedure Act 1986 (NSW) the solicitor for the accused is to serve on the Crown, and provide to the Associate, a response to the Crown's...