10 Jan 2020
The trial judge should have granted a brief adjournment for the appellant to obtain medical attention, but viewing the trial as a whole the appellant's absence for the afternoon did not render the trial unfair or cause irremediable prejudice to his defence; the appeal is dismissed and the conviction and sentence are upheld.
26 Jul 2019
Leave to appeal was granted because the applicant demonstrated an arguable ground that the trial judge's refusal to grant an adjournment and proceeding in the applicant's absence could have deprived him of a fair trial, thus meeting the threshold of substantial and grave injustice necessary for leave.
26 Mar 2018
The court held that statutory provisions (ss49 and 51A CPO) require the personal physical presence of a natural person accused at arraignment; s51A only applies after an accused has been arraigned in person; no exceptional or extenuating circumstances existed to excuse attendance; accordingly the application to be arraigned in absence or by video link was refused.
15 Dec 2017
The court held that s49(1) CPO does not empower the court to dispense with the accused's personal attendance at arraignment and that the Live Television Link rules apply only to witnesses; accordingly arraignment without attendance or by television link is not permitted and the defence proposals were refused.
28 Jun 1983
The magistrate did not err: after the accused failed to answer to bail and bail was estreated there was no reason to delay; the magistrate was entitled to hear the forfeiture application in the accused's absence, no prejudice to the appellant was demonstrated and the discretion to order forfeiture was properly exercised; appeal dismissed.