Regina v Minh Than DO [1999] NSWCCA 328

Regina v Minh Than DO [1999] NSWCCA 328

The interests of justice are best served by vacating Minh Than Do's trial date to allow for a joint trial with Kah, as this does not result in potential injustice to Do given his ongoing custody until at least March 2001, and proper procedures exist to test new evidence.

Jurisdiction
Australia
Judgment Date
19 October 1999
Procedural Posture
Criminal Appeal / Appeal Against Refusal to Vacate Trial Date
Outcome
appeal allowed
Legal Topics
['joint Trial of Co Offenders' 'judicial Discretion' 'vacating Trial Dates']
['criminal Law'] ['joint Trial of Co Offenders' 'judicial Discretion' 'vacating Trial Dates']

Case Brief

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Procedural Posture

Criminal Appeal / Appeal Against Refusal to Vacate Trial Date

Legal Issues

  1. 1 ["Whether the refusal to vacate Minh Than Do's trial date was correct given the possible joint trial with co-offender Kah" 'Whether vacating the trial date would cause injustice to Minh Than Do']

Ratio Decidendi

The interests of justice are best served by vacating Minh Than Do's trial date to allow for a joint trial with Kah, as this does not result in potential injustice to Do given his ongoing custody until at least March 2001, and proper procedures exist to test new evidence.

Court Disposition

appeal allowed

Orders

  • ['Appeal allowed' 'Trial of respondent listed for hearing in the Supreme Court on 25 October vacated' 'Proceedings listed for call over in the Supreme Court on 5 November 1999' 'If co-offender extradited by that time, proceedings involving him also listed at the call over' "At call over, dates for any desired...