R (Cth) v Petroulias (No. 19) [2007] NSWSC 536

R (Cth) v Petroulias (No. 19) [2007] NSWSC 536

The accused failed to demonstrate fault or wrongdoing on the part of the Crown justifying a conditional stay for costs, did not establish a sufficient risk of unfairness from media publicity to warrant a temporary stay, and did not provide evidence of inability to fund defence so as to justify a two-month adjournment; however, an adjournment until 6 June 2007 is appropriate in justice and public interest.

Jurisdiction
Australia
Judgment Date
23 May 2007
Procedural Posture
Criminal / Interlocutory Applications Prior to Retrial
Outcome
Applications for conditional stay, temporary stay, and two-month adjournment refused; limited adjournment granted.
Legal Topics
['stay of Proceedings' 'costs in Criminal Trials' 'adjournment' 'media Publicity and Fair Trial' 'litigation Funding in Criminal Defence']
['criminal Law'] ['stay of Proceedings' 'costs in Criminal Trials' 'adjournment' 'media Publicity and Fair Trial' 'litigation Funding in Criminal Defence']

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Procedural Posture

Criminal / Interlocutory Applications Prior to Retrial

Legal Issues

  1. 1 ['Whether fault or wrongdoing by prosecuting authorities is required to order conditional stay for costs of aborted criminal trial' 'Whether recent adverse media publicity warrants temporary stay' 'Whether accused is entitled to adjournment to secure funding for legal representation']

Ratio Decidendi

The accused failed to demonstrate fault or wrongdoing on the part of the Crown justifying a conditional stay for costs, did not establish a sufficient risk of unfairness from media publicity to warrant a temporary stay, and did not provide evidence of inability to fund defence so as to justify a two-month adjournment; however, an adjournment until 6 June 2007 is appropriate in justice and public interest.

Court Disposition

Applications for conditional stay, temporary stay, and two-month adjournment refused; limited adjournment granted.

Orders

  • ['Notice of Motion dated 18 May 2007 declined.' 'Trial fixed to commence on 6 June 2007.' "Accused's bail continued until trial date."]