The Hills Shire Council v Suciu (No 2) [2009] NSWLEC 168

The Hills Shire Council v Suciu (No 2) [2009] NSWLEC 168

To avoid a possible miscarriage of justice in criminal proceedings, where the defendant presents prima facie evidence of incapacity and lack of opportunity to be heard, it is appropriate to adjourn the delivery of the sentencing judgment to allow the defendant to make submissions or apply to set aside the prior conviction.

Jurisdiction
Australia
Judgment Date
22 September 2009
Procedural Posture
Criminal / Application for Adjournment of Delivery of Sentencing Judgment
Outcome
Adjournment of delivery of sentencing judgment granted.
Legal Topics
['adjournment' 'ex Parte Hearing' 'miscarriage of Justice' 'sentencing' 'opportunity to Be Heard']
['criminal Procedure'] ['adjournment' 'ex Parte Hearing' 'miscarriage of Justice' 'sentencing' 'opportunity to Be Heard']

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Procedural Posture

Criminal / Application for Adjournment of Delivery of Sentencing Judgment

Legal Issues

  1. 1 ['Whether an adjournment of the delivery of the sentencing judgment should be granted to allow the defendant to be heard.']

Ratio Decidendi

To avoid a possible miscarriage of justice in criminal proceedings, where the defendant presents prima facie evidence of incapacity and lack of opportunity to be heard, it is appropriate to adjourn the delivery of the sentencing judgment to allow the defendant to make submissions or apply to set aside the prior conviction.

Court Disposition

Adjournment of delivery of sentencing judgment granted.

Orders

  • ['An adjournment of the delivery of the sentence judgment is granted.' 'The defendant is to file and serve any application to set aside the judgment of 31 August 2009 by no later than 4.00pm on 16 October 2009.' 'The defendant is to file and serve evidence upon which he relies in support of any such application by...