R v Rogerson; R v McNamara (No 14) [2015] NSWSC 1157

R v Rogerson; R v McNamara (No 14) [2015] NSWSC 1157

The trial date must be vacated because the accused McNamara is left without counsel and it would be unfair to force him to proceed under such circumstances, and the referral of possible contempt of Court by counsel is warranted based on evidence submitted.

Parties
Crown: Regina; Accused: Roger Caleb Rogerson; Accused: Glen Patrick McNamara
Jurisdiction
Australia
Judgment Date
14 August 2015
Procedural Posture
Criminal / Pre Trial, Procedural Orders
Outcome
Trial date vacated; referral for possible contempt of court ordered; further directions hearing scheduled.
Legal Topics
Withdrawal of Counsel, Vacating Trial Date, Contempt of Court Referral
Criminal Law Procedure Withdrawal of Counsel Vacating Trial Date Contempt of Court Referral

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Regina

Crown

Roger Caleb Rogerson

Accused

Glen Patrick McNamara

Accused

Procedural Posture

Criminal / Pre Trial, Procedural Orders

Legal Issues

  1. 1 Whether withdrawal of counsel for accused necessitated vacating the trial date
  2. 2 Whether conduct of counsel should be referred for possible contempt of court

Ratio Decidendi

The trial date must be vacated because the accused McNamara is left without counsel and it would be unfair to force him to proceed under such circumstances, and the referral of possible contempt of Court by counsel is warranted based on evidence submitted.

Court Disposition

Trial date vacated; referral for possible contempt of court ordered; further directions hearing scheduled.

Orders

  • Trial date of 18 August 2015 is vacated.
  • Proceedings listed for directions at 9.15am on 14 September 2015; accused not required to attend.