Weldon v R [2019] NSWCCA 205

Weldon v R [2019] NSWCCA 205

The applicant gave no real explanation for why funding became unavailable and no real assurance that funding would be available by October 2019; given the Court's demands and the difficulty and injustice caused by such adjournments, the application was refused.

Jurisdiction
Australia
Judgment Date
07 August 2019
Procedural Posture
Sentence Appeal / Notice of Motion to Vacate the Hearing Date and Adjourn the Application
Outcome
Application to adjourn refused.
Legal Topics
['sentence Appeal' 'adjournment' 'leave to Appeal Against Sentence' 'insufficient Funds to Fund Appeal' 'withdrawal of Counsel']
['criminal Procedure' 'criminal Law'] ['sentence Appeal' 'adjournment' 'leave to Appeal Against Sentence' 'insufficient Funds to Fund Appeal' 'withdrawal of Counsel']

Case Brief

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Procedural Posture

Sentence Appeal / Notice of Motion to Vacate the Hearing Date and Adjourn the Application

Legal Issues

  1. 1 ['Whether the hearing date should be vacated and the application adjourned because the applicant had insufficient funds to fund the appeal and counsel had withdrawn.']

Ratio Decidendi

The applicant gave no real explanation for why funding became unavailable and no real assurance that funding would be available by October 2019; given the Court's demands and the difficulty and injustice caused by such adjournments, the application was refused.

Court Disposition

Application to adjourn refused.

Orders

  • ['Refuse application to adjourn.']