R v Pierre Tabar [2006] NSWCCA 139

R v Pierre Tabar [2006] NSWCCA 139

The adjournment was refused because the applicant had repeatedly failed to provide material despite being given a last opportunity and continuous reminders, had not established that Mr Murphy was retained or that any private investigator had been retained, could provide no further material, and the application was found to be an attempt to delay the hearing and determination of the application in the Court of Criminal Appeal.

Jurisdiction
Australia
Judgment Date
20 March 2006
Procedural Posture
Criminal Appeal Application / Application for Adjournment of Hearing of Application to Withdraw Abandonment of Appeal Against Conviction
Outcome
Application for adjournment refused.
Legal Topics
['adjournment' 'appeal Against Conviction' 'withdrawal of Notice of Abandonment' 'guilty Plea' 'fresh Evidence']
['criminal Law' 'criminal Procedure' 'appellate Procedure'] ['adjournment' 'appeal Against Conviction' 'withdrawal of Notice of Abandonment' 'guilty Plea' 'fresh Evidence']

Case Brief

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Procedural Posture

Criminal Appeal Application / Application for Adjournment of Hearing of Application to Withdraw Abandonment of Appeal Against Conviction

Legal Issues

  1. 1 ["Whether the hearing of the applicant's appeal application should be adjourned on the ground that he had instructed a solicitor to procure a private investigator to investigate the victim's background." 'Whether the applicant had provided material justifying withdrawal of his notice of abandonment of his conviction appeal or supporting the fresh evidence on which he said he relied.']

Ratio Decidendi

The adjournment was refused because the applicant had repeatedly failed to provide material despite being given a last opportunity and continuous reminders, had not established that Mr Murphy was retained or that any private investigator had been retained, could provide no further material, and the application was found to be an attempt to delay the hearing and determination of the application in the Court of Criminal Appeal.

Court Disposition

Application for adjournment refused.

Orders

  • ['The application for adjournment is refused.']