R v Mohammad Al-SAYAHEEN [2009] NSWDC 222

R v Mohammad Al-SAYAHEEN [2009] NSWDC 222

Although the accused voluntarily absconded and thereby waived his right to be present, the interests of justice required the trial to be stopped and the jury discharged because the trial had only been running for one day and, since the defence opening was not evidence and would have to be disregarded, the accused's actual case would not be before the jury.

Jurisdiction
Australia
Judgment Date
20 August 2009
Procedural Posture
Criminal / Trial; Decision Whether to Continue After the Accused Voluntarily Absconded While on Bail
Outcome
Trial stopped and jury discharged.
Legal Topics
['trial in Absence of Accused' 'absconding While on Bail' 'waiver of Right to Be Present' 'discharge of Jury']
['criminal Law' 'criminal Procedure'] ['trial in Absence of Accused' 'absconding While on Bail' 'waiver of Right to Be Present' 'discharge of Jury']

Case Brief

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Procedural Posture

Criminal / Trial; Decision Whether to Continue After the Accused Voluntarily Absconded While on Bail

Legal Issues

  1. 1 ['Whether the accused, by voluntarily absconding during trial, waived his right to be present at trial.' 'Whether the trial should continue in the absence of the accused or whether the jury should be discharged.']

Ratio Decidendi

Although the accused voluntarily absconded and thereby waived his right to be present, the interests of justice required the trial to be stopped and the jury discharged because the trial had only been running for one day and, since the defence opening was not evidence and would have to be disregarded, the accused's actual case would not be before the jury.

Court Disposition

Trial stopped and jury discharged.

Orders

  • ['Stop the trial and discharge the jury.']