R v Hamzy [2015] NSWSC 1428

R v Hamzy [2015] NSWSC 1428

The trial date was vacated because the Crown had served further potentially substantial statements within the last two weeks, the accused's solicitor could no longer appear as a consequence, fresh solicitors had been engaged, and the Court accepted that the matter could not be ready for trial on the listed date.

Jurisdiction
Australia
Judgment Date
29 September 2015
Procedural Posture
Criminal Proceedings / Procedural Ruling on Trial Date Before Trial
Outcome
Trial date vacated; matter stood over to the Arraignments List; accused remanded in custody.
Legal Topics
['vacating Trial Date' 'arraignments List' 'late Service of Evidence' 'remand in Custody']
['criminal Law' 'criminal Procedure'] ['vacating Trial Date' 'arraignments List' 'late Service of Evidence' 'remand in Custody']

Case Brief

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Procedural Posture

Criminal Proceedings / Procedural Ruling on Trial Date Before Trial

Legal Issues

  1. 1 ['Whether the trial date commencing 6 October 2015 should be vacated because further Crown statements of potentially substantial materiality were served shortly before trial and fresh solicitors for the accused could not be ready.' 'Whether the matter should be stood over to the Arraignments List and the accused remanded in custody.']

Ratio Decidendi

The trial date was vacated because the Crown had served further potentially substantial statements within the last two weeks, the accused's solicitor could no longer appear as a consequence, fresh solicitors had been engaged, and the Court accepted that the matter could not be ready for trial on the listed date.

Court Disposition

Trial date vacated; matter stood over to the Arraignments List; accused remanded in custody.

Orders

  • ['The trial date commencing Monday, 6 October 2015 is vacated.' 'The matter is stood over to the Arraignments List on Friday, 2 October 2015.' 'Mr Hamzy is remanded in custody.']