R v Pratten (No 17) [2015] NSWSC 642

R v Pratten (No 17) [2015] NSWSC 642

The applicant has had ample opportunity to prepare, and issues raised can be resolved prior to the retrial; fairness does not require indefinite adjournment, only reasonable opportunity to present the case. A limited adjournment is granted.

Jurisdiction
Australia
Judgment Date
22 May 2015
Procedural Posture
Criminal / Application for Adjournment Prior to Retrial by Jury
Outcome
Application for indefinite adjournment refused; limited adjournment granted.
Legal Topics
['adjournment' 'legal Representation' 'fair Trial' 'admissibility of Evidence' 'legal Aid']
['criminal Law'] ['adjournment' 'legal Representation' 'fair Trial' 'admissibility of Evidence' 'legal Aid']

Case Brief

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Procedural Posture

Criminal / Application for Adjournment Prior to Retrial by Jury

Legal Issues

  1. 1 ['Whether the commencement of the retrial should be indefinitely adjourned' 'Whether Mr Pratten’s lack of legal representation justifies further delay' 'Degree of preparedness of the accused to present his own defence' 'Resolution of pre-trial issues relating to evidence admissibility' 'Fairness to the accused in trial proceedings' 'Legal Aid eligibility']

Ratio Decidendi

The applicant has had ample opportunity to prepare, and issues raised can be resolved prior to the retrial; fairness does not require indefinite adjournment, only reasonable opportunity to present the case. A limited adjournment is granted.

Court Disposition

Application for indefinite adjournment refused; limited adjournment granted.

Orders

  • ['The trial date (1 June 2015) is vacated.' 'Matter to commence by jury empanelment on 15 June 2015.']