R v AA [2019] NSWSC 1423

The practical significance of further delay does not outweigh the interests of justice in proceeding with sentence as scheduled; the application to vacate is refused.

Jurisdiction: Australia
Judgment Date: 18 October 2019
Procedural Posture: Criminal / Interlocutory Application to Vacate Sentence Hearing Dates
Outcome: Motion to vacate sentence hearing dates dismissed.
Legal Topics: ['vacating Sentence Hearing' 'delay in Sentencing' 'plea of Guilty' 'effect on Third Party (child)']

['criminal Law'] ['vacating Sentence Hearing' 'delay in Sentencing' 'plea of Guilty' 'effect on Third Party (child)']

Case Brief

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Procedural Posture

Criminal / Interlocutory Application to Vacate Sentence Hearing Dates

Legal Issues

1 ["Whether to vacate the sentence hearing dates in light of possible retrial of co-accused and consideration for the accused's young child"]

Ratio Decidendi

The practical significance of further delay does not outweigh the interests of justice in proceeding with sentence as scheduled; the application to vacate is refused.

Court Disposition

Motion to vacate sentence hearing dates dismissed.

Orders

['The motion for vacation of the dates is dismissed.' 'The matter remains listed for sentence hearing on 18 and 19 November 2019.']