Perish v R; Perish v R; Lawton v R [2014] NSWCCA 233

Perish v R; Perish v R; Lawton v R [2014] NSWCCA 233

Despite the Crown's unexplained delay, the seriousness of the convictions and the potential anomalies raised by the late recantation of a key witness's evidence warranted adjournment to allow further investigations. The interests of justice and the public interest in a full investigation of serious criminal matters justified vacating the hearing date and relisting to allocate a new date and timetable for filings and hearing.

Parties
Appellant: Anthony John Michael Perish; Appellant: Andrew Michael Perish; Appellant: Matthew Robert Lawton; Respondent: Regina (Crown)
Jurisdiction
Australia
Judgment Date
27 October 2014
Procedural Posture
Criminal Appeal / Interlocutory Application to Vacate Hearing Date and Relist Appeal Matters
Outcome
Hearing date vacated and matter relisted for timetabling and future hearing allocation.
Legal Topics
Application to Vacate Hearing Date, Adjournment, Fresh Evidence, Non Disclosure, Timetabling, Appeal Procedure
Criminal Law Practice and Procedure Application to Vacate Hearing Date Adjournment Fresh Evidence Non Disclosure Timetabling Appeal Procedure

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Parties

Anthony John Michael Perish

Appellant

Andrew Michael Perish

Appellant

Matthew Robert Lawton

Appellant

Regina (Crown)

Respondent

Procedural Posture

Criminal Appeal / Interlocutory Application to Vacate Hearing Date and Relist Appeal Matters

Legal Issues

  1. 1 Should the hearing date be vacated to allow further investigation of fresh evidence and non-disclosure grounds?
  2. 2 Is it in the interests of justice to adjourn the hearing to permit the Crown to conduct further inquiries?

Ratio Decidendi

Despite the Crown's unexplained delay, the seriousness of the convictions and the potential anomalies raised by the late recantation of a key witness's evidence warranted adjournment to allow further investigations. The interests of justice and the public interest in a full investigation of serious criminal matters justified vacating the hearing date and relisting to allocate a new date and timetable for filings and hearing.

Court Disposition

Hearing date vacated and matter relisted for timetabling and future hearing allocation.

Orders

  • Hearing date of 31 October 2014 is vacated.
  • Matters are to be placed in the Registrar's list for 6 November 2014 to fix a timetable and allocate a hearing date.