R v GSH [2009] NSWCCA 67

R v GSH [2009] NSWCCA 67

Application for adjournment should succeed to avoid differently constituted benches dealing with connected issues; practical to await outcome of respondent's legal aid application regarding possible conviction appeal. No prejudice identified.

Jurisdiction
Australia
Judgment Date
27 February 2009
Procedural Posture
Crown Appeal Against Sentence / Hearing Vacated Pending Possible Conviction Appeal
Outcome
Hearing vacated and matter to be relisted for directions.
Legal Topics
['crown Appeal Against Sentence' 'appeal Against Conviction Contemplated' 'delay Regarding Legal Aid' 'desirability of Same Bench Hearing All Issues']
['criminal Law and Procedure'] ['crown Appeal Against Sentence' 'appeal Against Conviction Contemplated' 'delay Regarding Legal Aid' 'desirability of Same Bench Hearing All Issues']

Case Brief

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Procedural Posture

Crown Appeal Against Sentence / Hearing Vacated Pending Possible Conviction Appeal

Legal Issues

  1. 1 ['Whether hearing of Crown appeal against sentence should proceed where respondent is contemplating appeal against conviction and awaiting legal aid decision']

Ratio Decidendi

Application for adjournment should succeed to avoid differently constituted benches dealing with connected issues; practical to await outcome of respondent's legal aid application regarding possible conviction appeal. No prejudice identified.

Court Disposition

Hearing vacated and matter to be relisted for directions.

Orders

  • ['The hearing today is vacated.' "The matter is directed to be placed in the Registrar's next call-over list for further directions."]