R v Biljuh (No 6) [2015] NSWSC 1451

R v Biljuh (No 6) [2015] NSWSC 1451

The adjournment was granted due to the anticipated late availability of a psychiatric report crucial to sentencing and the medical unavailability of defence counsel, but the Court insisted that sentencing conclude within the current law term, setting the latest date as 4 December 2015 and warning that no further adjournment would be granted except in truly exceptional circumstances.

Jurisdiction
Australia
Judgment Date
30 September 2015
Procedural Posture
Criminal / Application for Adjournment of Sentencing Proceedings Post Verdict
Outcome
Adjournment granted; hearing date vacated; sentence proceedings relisted; bail refused.
Legal Topics
['application for Adjournment' 'delay in Obtaining Psychiatric Report' 'defence Counsel Unavailable' 'adjournment Granted']
['criminal Law'] ['application for Adjournment' 'delay in Obtaining Psychiatric Report' 'defence Counsel Unavailable' 'adjournment Granted']

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Procedural Posture

Criminal / Application for Adjournment of Sentencing Proceedings Post Verdict

Legal Issues

  1. 1 ['Whether sentencing proceedings should be adjourned due to delay in obtaining psychiatric report and unavailability of defence counsel']

Ratio Decidendi

The adjournment was granted due to the anticipated late availability of a psychiatric report crucial to sentencing and the medical unavailability of defence counsel, but the Court insisted that sentencing conclude within the current law term, setting the latest date as 4 December 2015 and warning that no further adjournment would be granted except in truly exceptional circumstances.

Court Disposition

Adjournment granted; hearing date vacated; sentence proceedings relisted; bail refused.

Orders

  • ['The hearing date of 16 October 2015 is vacated.' 'The matter is listed for proceedings on sentence at 10 AM on 4 December 2015.' 'The bail of the offender continues to be refused.']