R v Warwick (No.68) [2019] NSWSC 1525

R v Warwick (No.68) [2019] NSWSC 1525

Because the Accused had sworn a new affidavit addressing matters relevant to the stay application, including communications with prior Legal Aid lawyers over which privilege had been waived, and because the Crown required time to investigate and potentially file responding affidavits, directions were necessary to facilitate the efficient preparation for and hearing of the Notice of Motion.

Jurisdiction
Australia
Judgment Date
29 July 2019
Procedural Posture
Criminal Law Application for Stay of Proceedings Due to Lack of Legal Representation / Directions on Notice of Motion During Trial
Outcome
Procedural directions made and the Notice of Motion stood over to 10am on Thursday 1 August 2019.
Legal Topics
['stay of Proceedings' 'legal Representation' 'affidavit Evidence' 'directions']
['criminal Law' 'criminal Procedure'] ['stay of Proceedings' 'legal Representation' 'affidavit Evidence' 'directions']

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Procedural Posture

Criminal Law Application for Stay of Proceedings Due to Lack of Legal Representation / Directions on Notice of Motion During Trial

Legal Issues

  1. 1 ["Whether procedural directions should be made to finalise the evidence before the hearing of the Accused's Notice of Motion seeking a stay of the trial until he obtains funding sufficient to retain legal representation."]

Ratio Decidendi

Because the Accused had sworn a new affidavit addressing matters relevant to the stay application, including communications with prior Legal Aid lawyers over which privilege had been waived, and because the Crown required time to investigate and potentially file responding affidavits, directions were necessary to facilitate the efficient preparation for and hearing of the Notice of Motion.

Court Disposition

Procedural directions made and the Notice of Motion stood over to 10am on Thursday 1 August 2019.

Orders

  • ['Direct the solicitor for the Crown to notify the solicitor for the Accused, by 5pm Tuesday 30 July 2019, by letter, of the evidence which it is anticipated, by reference to identified witnesses, the Crown intends to call on the hearing of this Notice of Motion.' 'Direct the solicitor for the Accused to notify the...