R v Warwick (No.67) [2019] NSWSC 536

R v Warwick (No.67) [2019] NSWSC 536

The Court fixed directions and dates for the resumption and further conduct of the part-heard trial because, although the Accused required a significant and reasonable period for new lawyers to prepare, delaying the trial until October 2019 would be excessive and undesirable given the history of the trial, the period since evidence was last taken, and the administration of justice interest in efficient completion of the trial.

Jurisdiction
Australia
Judgment Date
10 May 2019
Procedural Posture
Criminal Trial / Part Heard Trial; Case Management Directions for Resumption of Trial
Outcome
Directions and listing orders made for the resumption and further conduct of the part-heard trial, with liberty to apply.
Legal Topics
['trial Case Management' 'adjournment and Listing' 'change of Solicitors and Counsel' 'fair Trial' 'administration of Justice']
['criminal Procedure'] ['trial Case Management' 'adjournment and Listing' 'change of Solicitors and Counsel' 'fair Trial' 'administration of Justice']

Case Brief

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Procedural Posture

Criminal Trial / Part Heard Trial; Case Management Directions for Resumption of Trial

Legal Issues

  1. 1 ['When the part-heard criminal trial should resume after the Accused changed solicitors and counsel.' "How to balance the Accused's right not to be tried unfairly with the efficient administration of justice."]

Ratio Decidendi

The Court fixed directions and dates for the resumption and further conduct of the part-heard trial because, although the Accused required a significant and reasonable period for new lawyers to prepare, delaying the trial until October 2019 would be excessive and undesirable given the history of the trial, the period since evidence was last taken, and the administration of justice interest in efficient completion of the trial.

Court Disposition

Directions and listing orders made for the resumption and further conduct of the part-heard trial, with liberty to apply.

Orders

  • ['On or before 10 June 2019, the Accused is to notify the Crown of all remaining witnesses required for cross-examination by completion of the table comprising 24 pages produced by the Crown and headed "Witnesses Remaining to be Called in the Crown case".' 'On or before 10 June 2019, the Accused is to notify the...