R v Warwick (No 69) [2019] NSWSC 1059

R v Warwick (No 69) [2019] NSWSC 1059

The temporary stay was refused because the Court was satisfied that the applicant was the author of his own misfortune. His unreasonable demand for written advice about all remaining witnesses, refusal to accept or unqualifiedly act on his lawyers' forensic advice, allegations that his lawyers bullied or threatened him, and refusal to discuss the email sent to the trial judge made the lawyer/client relationship untenable. The evidence did not establish professional fault by the lawyers or any relevant cognitive incapacity of the applicant.

Jurisdiction
Australia
Judgment Date
16 August 2019
Procedural Posture
Criminal Law Application for Temporary Stay of Proceedings Due to Lack of Legal Representation / Notice of Motion Filed 12 July 2019 in a Part Heard Judge Alone Trial
Outcome
Notice of Motion dismissed.
Legal Topics
['temporary Stay of Proceedings' 'unrepresented Accused' 'legal Aid Withdrawal' 'adjournment of Part Heard Trial' 'forensic Decisions by Counsel' 'fault in Loss of Legal Representation']
['criminal Law' 'criminal Procedure'] ['temporary Stay of Proceedings' 'unrepresented Accused' 'legal Aid Withdrawal' 'adjournment of Part Heard Trial' 'forensic Decisions by Counsel' 'fault in Loss of Legal Representation']

Case Brief

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Procedural Posture

Criminal Law Application for Temporary Stay of Proceedings Due to Lack of Legal Representation / Notice of Motion Filed 12 July 2019 in a Part Heard Judge Alone Trial

Legal Issues

  1. 1 ["Whether the applicant's part-heard trial should be temporarily stayed to enable him to obtain legal representation." 'Whether the applicant was without legal representation through no fault of his own.' "Whether the applicant acted reasonably in refusing or qualifying acceptance of his lawyers' advice about remaining Crown witnesses to be called for cross-examination." "Whether the applicant's former Legal Aid lawyers acted unprofessionally or were at fault in the breakdown of the lawyer/client relationship." "Whether the applicant's alleged lack of mental acuity affected the assessment of fault."]

Ratio Decidendi

The temporary stay was refused because the Court was satisfied that the applicant was the author of his own misfortune. His unreasonable demand for written advice about all remaining witnesses, refusal to accept or unqualifiedly act on his lawyers' forensic advice, allegations that his lawyers bullied or threatened him, and refusal to discuss the email sent to the trial judge made the lawyer/client relationship untenable. The evidence did not establish professional fault by the lawyers or any relevant cognitive incapacity of the applicant.

Court Disposition

Notice of Motion dismissed.

Orders

  • ['The Notice of Motion filed on 12 July 2019 is dismissed.' 'The trial of the accused, Leonard Warwick, is listed to resume before Garling J on 20 August 2019.']