R v Munshizada; R v Danishyar; R v Baines (No 2) [2019] NSWSC 834

R v Munshizada; R v Danishyar; R v Baines (No 2) [2019] NSWSC 834

The inability to secure counsel for the accused for a long, complex murder trial at Legal Aid rates, through no fault of the accused or their solicitors, means the trial would be unfair and cannot proceed. Forcing the trial to proceed without counsel could not be regarded as fair according to law, and a verdict would not withstand appellate scrutiny. Accordingly, the trial date must be vacated.

Jurisdiction
Australia
Judgment Date
03 July 2019
Procedural Posture
Criminal / Application to Vacate Trial Date
Outcome
Application granted
Legal Topics
['vacation of Trial Date' 'legal Representation' 'adjournment Applications' 'murder Trials']
['criminal Law' 'criminal Procedure'] ['vacation of Trial Date' 'legal Representation' 'adjournment Applications' 'murder Trials']

Case Brief

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Procedural Posture

Criminal / Application to Vacate Trial Date

Legal Issues

  1. 1 ['Whether the trial date should be vacated due to inability to secure counsel for the accused on Legal Aid rates for a long and complex trial']

Ratio Decidendi

The inability to secure counsel for the accused for a long, complex murder trial at Legal Aid rates, through no fault of the accused or their solicitors, means the trial would be unfair and cannot proceed. Forcing the trial to proceed without counsel could not be regarded as fair according to law, and a verdict would not withstand appellate scrutiny. Accordingly, the trial date must be vacated.

Court Disposition

Application granted

Orders

  • ['Trial listed for 8 July 2019 vacated.' 'Accused to appear before the list judge on 12 July 2019 for refixing trial in 2020.']