R v Cranston [2020] NSWSC 469

R v Cranston [2020] NSWSC 469

The applicant failed to discharge the onus of proving he is indigent, due to the realistic likelihood that he retained or parked assets in businesses and insufficient disclosure. Therefore, the stay was refused and the notice of motion dismissed.

Parties
Applicant: Adam Cranston; Respondent: Regina
Jurisdiction
Australia
Judgment Date
01 May 2020
Procedural Posture
Criminal / Interlocutory Application for Stay of Trial
Outcome
Application dismissed
Legal Topics
Dietrich Application, Stay of Proceedings, Proceeds of Crime, Right to Legal Representation, Legal Aid, Asset Restraint
Criminal Law Procedure Dietrich Application Stay of Proceedings Proceeds of Crime Right to Legal Representation Legal Aid Asset Restraint

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Parties

Adam Cranston

Applicant

Regina

Respondent

Procedural Posture

Criminal / Interlocutory Application for Stay of Trial

Legal Issues

  1. 1 Whether the accused, Adam Cranston, is indigent and unable to obtain legal representation through no fault of his own
  2. 2 Whether a stay of proceedings should be granted under the Dietrich principle
  3. 3 Effect of Proceeds of Crime Act 2002 (Cth) asset freezing on the accused's right to fair trial

Ratio Decidendi

The applicant failed to discharge the onus of proving he is indigent, due to the realistic likelihood that he retained or parked assets in businesses and insufficient disclosure. Therefore, the stay was refused and the notice of motion dismissed.

Court Disposition

Application dismissed

Orders

  • The notice of motion filed 13 February 2020 be dismissed.