Dacich (No.1) v R [2019] NSWDC 621

Dacich (No.1) v R [2019] NSWDC 621

No satisfactory evidence of a bona fide appeal having been filed with the Legal Aid Review Committee; even if such an appeal existed, it was not bona fide but vexatious and intended to improperly hinder the proceedings. Adjournment refused.

Parties
Appellant: Clare Dacich; Respondent: Regina (Crown)
Jurisdiction
Australia
Judgment Date
06 September 2019
Procedural Posture
Criminal Appeal / Application for Adjournment of Severity Appeal
Outcome
adjournment refused
Legal Topics
Severity Appeal, Adjournment, Delay, Bail, Legal Aid
Criminal Law Criminal Procedure Severity Appeal Adjournment Delay Bail Legal Aid

Case Brief

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Parties

Clare Dacich

Appellant

Regina (Crown)

Respondent

Procedural Posture

Criminal Appeal / Application for Adjournment of Severity Appeal

Legal Issues

  1. 1 Whether to adjourn the severity appeal pending an alleged Legal Aid Review Committee appeal
  2. 2 Whether the appellant's conduct constituted an attempt to improperly delay proceedings

Ratio Decidendi

No satisfactory evidence of a bona fide appeal having been filed with the Legal Aid Review Committee; even if such an appeal existed, it was not bona fide but vexatious and intended to improperly hinder the proceedings. Adjournment refused.

Court Disposition

adjournment refused

Orders

  • Application to adjourn severity appeal refused.
  • Appeal to be heard at 10am on the following Monday; if appellant does not appear, warrant for arrest will be reissued.