R v Haines (No.2) [2016] NSWSC 1825

R v Haines (No.2) [2016] NSWSC 1825

The repeated difficulties in empanelling juries locally created a very real risk that a jury could not be constituted in Lismore, and given the accused’s right to a timely trial, it was expedient to change the venue to Sydney.

Jurisdiction
Australia
Judgment Date
13 October 2016
Procedural Posture
Criminal / Procedural Ruling Prior to Trial
Outcome
Application to change venue granted
Legal Topics
['change of Venue' 'jury Empanelment' 'administration of Justice']
['criminal Law' 'practice and Procedure'] ['change of Venue' 'jury Empanelment' 'administration of Justice']

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Procedural Posture

Criminal / Procedural Ruling Prior to Trial

Legal Issues

  1. 1 ['Whether it is expedient to change the venue of the trial due to difficulties in empanelling a jury locally']

Ratio Decidendi

The repeated difficulties in empanelling juries locally created a very real risk that a jury could not be constituted in Lismore, and given the accused’s right to a timely trial, it was expedient to change the venue to Sydney.

Court Disposition

Application to change venue granted

Orders

  • ['It is expedient, pursuant to s 30(2) of the Criminal Procedure Act 1986, that this trial should be fixed to take place in Sydney.' 'Direct that the trial commence on Monday 17 October 2016 at 10am in Court 5 King Street Sydney.']