R v Pratten (No 14) [2015] NSWSC 457

R v Pratten (No 14) [2015] NSWSC 457

The motion for stay should be adjourned until such time as solicitors and counsel are engaged; only then can the court assess the adequacy of opportunity for the applicant to prepare and secure a fair trial as required by Dietrich principles.

Parties
Crown: Regina; Accused: Timothy Charles Pratten
Jurisdiction
Australia
Judgment Date
23 April 2015
Procedural Posture
Criminal / Application for Stay of Proceedings Prior to Retrial
Outcome
Adjournment of the motion for stay of proceedings
Legal Topics
Stay of Proceedings, Dietrich Principles, Legal Aid, Right to Fair Trial, Adjournment
Criminal Law Stay of Proceedings Dietrich Principles Legal Aid Right to Fair Trial Adjournment

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Parties

Regina

Crown

Timothy Charles Pratten

Accused

Procedural Posture

Criminal / Application for Stay of Proceedings Prior to Retrial

Legal Issues

  1. 1 Whether the retrial should be temporarily stayed pending provision of adequate legal representation
  2. 2 Whether current Legal Aid grant is sufficient for competent preparation and representation

Ratio Decidendi

The motion for stay should be adjourned until such time as solicitors and counsel are engaged; only then can the court assess the adequacy of opportunity for the applicant to prepare and secure a fair trial as required by Dietrich principles.

Court Disposition

Adjournment of the motion for stay of proceedings

Orders

  • Adjourn the motion that is before the Court
  • Allow the motion to be relisted on 3 working days' notice at such time as solicitors and counsel in the trial have been engaged