Chief Executive, Office of Environment and Heritage v Grant Wesley Turnbull (No 2) [2019] NSWLEC 145

Chief Executive, Office of Environment and Heritage v Grant Wesley Turnbull (No 2) [2019] NSWLEC 145

The Defendant is not indigent and has competent legal representation. Any difficulties in briefing new counsel arose from the conduct and choices of his solicitors, including lack of timely and effective preparation, and cannot justify vacating the trial dates in the circumstances. The interests of justice and fairness do not require further delay, particularly as further preparation time is provided and the issues are not unduly complex.

Parties
Prosecutor: Chief Executive, Office of Environment and Heritage; Defendant: Grant Wesley Turnbull
Jurisdiction
Australia
Judgment Date
27 September 2019
Procedural Posture
Criminal Prosecution (class 5) / Interlocutory Application Prior to Trial
Outcome
Defendant's notice of motion to vacate hearing dates dismissed; hearing to proceed on rescheduled dates.
Legal Topics
Application to Vacate Hearing Dates, Fair Trial, Adjournment of Criminal Proceedings, Legal Representation
Criminal Law Environmental Law Procedure Application to Vacate Hearing Dates Fair Trial Adjournment of Criminal Proceedings Legal Representation

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Parties

Chief Executive, Office of Environment and Heritage

Prosecutor

Grant Wesley Turnbull

Defendant

Procedural Posture

Criminal Prosecution (class 5) / Interlocutory Application Prior to Trial

Legal Issues

  1. 1 Whether hearing dates for a criminal prosecution should be vacated for lack of time to brief new counsel and trial preparation
  2. 2 Whether refusal to vacate would cause unfairness to the defendant

Ratio Decidendi

The Defendant is not indigent and has competent legal representation. Any difficulties in briefing new counsel arose from the conduct and choices of his solicitors, including lack of timely and effective preparation, and cannot justify vacating the trial dates in the circumstances. The interests of justice and fairness do not require further delay, particularly as further preparation time is provided and the issues are not unduly complex.

Court Disposition

Defendant's notice of motion to vacate hearing dates dismissed; hearing to proceed on rescheduled dates.

Orders

  • The Defendant's notice of motion dated 24 September 2019 is dismissed.
  • The hearing dates 30 September to 4 October 2019 are vacated.