R (Cth) v Petroulias (No. 11) [2007] NSWSC 533

R (Cth) v Petroulias (No. 11) [2007] NSWSC 533

On balance, the adjournment is allowed to provide the accused a limited period to obtain funding for his defence, given imminent trial and potential withdrawal of legal representation, but with directions for review based on action taken regarding recovery of funds.

Parties
Crown: Regina (Commonwealth); Accused: Nikytas Nicholas Petroulias
Jurisdiction
Australia
Judgment Date
02 March 2007
Procedural Posture
Criminal Trial / Application for Adjournment Before Commencement of Jury Trial
Outcome
Adjournment granted; trial date vacated and rescheduled.
Legal Topics
Adjournment of Criminal Trial, Funding for Legal Representation
Criminal Law Adjournment of Criminal Trial Funding for Legal Representation

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Parties

Regina (Commonwealth)

Crown

Nikytas Nicholas Petroulias

Accused

Procedural Posture

Criminal Trial / Application for Adjournment Before Commencement of Jury Trial

Legal Issues

  1. 1 Whether to grant adjournment to allow accused to secure funds for private legal representation

Ratio Decidendi

On balance, the adjournment is allowed to provide the accused a limited period to obtain funding for his defence, given imminent trial and potential withdrawal of legal representation, but with directions for review based on action taken regarding recovery of funds.

Court Disposition

Adjournment granted; trial date vacated and rescheduled.

Orders

  • Trial date of 5 March 2007 vacated.
  • Trial adjourned for two weeks to commence on 19 March 2007.