Haddad v R [2020] NSWCCA 37

Haddad v R [2020] NSWCCA 37

The applicant did not establish that he had taken reasonable steps to secure legal representation nor that the trial judge's refusal to vacate the trial date involved error; the requirements for appellate intervention were not met; the appeal was dismissed and the trial to proceed.

Jurisdiction
Australia
Judgment Date
10 March 2020
Procedural Posture
Criminal Appeal / Application for Leave to Appeal and Appeal Against Refusal of Stay/adjournment
Outcome
leave to appeal granted; appeal dismissed
Legal Topics
['stay of Proceedings' 'legal Representation' 'adjournment' 'fitness to Be Tried' 'discretion on Adjournment']
['criminal Law' 'criminal Procedure'] ['stay of Proceedings' 'legal Representation' 'adjournment' 'fitness to Be Tried' 'discretion on Adjournment']

Case Brief

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Procedural Posture

Criminal Appeal / Application for Leave to Appeal and Appeal Against Refusal of Stay/adjournment

Legal Issues

  1. 1 ['Whether the District Court erred in refusing a stay/adjournment where the applicant lacked legal representation' 'Whether the applicant took reasonable steps to secure legal representation' 'Whether the trial judge properly considered mental health impacts on trial fairness' 'Whether adjournment should have been considered for a brief period' 'Whether the decision not to vacate the trial date was unreasonable in all the circumstances']

Ratio Decidendi

The applicant did not establish that he had taken reasonable steps to secure legal representation nor that the trial judge's refusal to vacate the trial date involved error; the requirements for appellate intervention were not met; the appeal was dismissed and the trial to proceed.

Court Disposition

leave to appeal granted; appeal dismissed

Orders

  • ['Grant leave to appeal the District Court order of 26 February 2020.' 'Dismiss the appeal.' 'Discharge the orders made by this Court on 28 February 2020.' 'Reserve reasons for decision.']