R v Warwick (No.78) [2019] NSWSC 1531

R v Warwick (No.78) [2019] NSWSC 1531

The Notice of Motion was dismissed because the Accused's submissions rested on an incorrect assumption about a numerical limit on weekly witnesses, failed to identify why the defence was not adequately prepared or what cross-examination topics could not be pursued, did not show that further time would remedy the asserted lack of knowledge, and did not establish any substantial prejudice justifying an adjournment or the other orders in a long-running and delayed trial.

Jurisdiction
Australia
Judgment Date
07 November 2019
Procedural Posture
Criminal Procedure Trial Case Management / Notice of Motion During Trial Seeking to Preclude Further Witnesses and Adjourn the Trial for Seven Days
Outcome
Notice of Motion dated 2 September 2019 dismissed.
Legal Topics
['trial Case Management' 'calling of Witnesses' 'adjournment' 'cross Examination Preparation']
['criminal Procedure'] ['trial Case Management' 'calling of Witnesses' 'adjournment' 'cross Examination Preparation']

Case Brief

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Procedural Posture

Criminal Procedure Trial Case Management / Notice of Motion During Trial Seeking to Preclude Further Witnesses and Adjourn the Trial for Seven Days

Legal Issues

  1. 1 ['Whether the trial should be adjourned for seven days to allow the Accused further time to prepare for cross-examination of Crown witnesses.' 'Whether the Court should make orders precluding the taking of further witnesses, requiring a list of witnesses to be called in the next 14 days, and requiring further information from the Crown about evidence to be relied upon.']

Ratio Decidendi

The Notice of Motion was dismissed because the Accused's submissions rested on an incorrect assumption about a numerical limit on weekly witnesses, failed to identify why the defence was not adequately prepared or what cross-examination topics could not be pursued, did not show that further time would remedy the asserted lack of knowledge, and did not establish any substantial prejudice justifying an adjournment or the other orders in a long-running and delayed trial.

Court Disposition

Notice of Motion dated 2 September 2019 dismissed.

Orders

  • ['Notice of Motion dated 2 September 2019 dismissed.']