R v Cranston (No 8) [2021] NSWSC 9

Supreme Court New South Wales

Medium Neutral Citation: R v Cranston (No 8) [2021] NSWSC 9 Hearing dates: 14 January 2021 Date of orders: 14 January 2021 Decision date: 15 January 2021 Jurisdiction: Common Law Before: Payne JA Decision: (1) Vacate the trial of Adam Cranston fixed to commence on 18 January 2021. (2) Continue bail. (3) Adjourn the matter of Adam Cranston (2017/148697) for mention to 9:30am on Friday 29 January 2021. (4) Amend the order of 8 December 2020 in the matters of Adam Cranston (2017/148697), Lauren Cranston (2017/148185), Dev Menon (2017/148776) and Jason Onley (2017/149208) to insert an order 2A: "Nothing in this order prevents publication of the contents of the Court's judgment in R v Cranston (No 8) [2021] NSWSC 9." Catchwords: CRIMINAL PROCEDURE – trial – application to vacate trial date – where trial of four co-accused – where separate trial ordered for unrepresented accused – where evidence of forensic psychiatrists is that unrepresented accused incapable of adequately conducting his defence – where Crown consents to application to vacate trial date – order made Legislation Cited: Crimes Act 1914 (Cth) Criminal Appeal Act 1912 (NSW), s 5F Evidence Act 1995 (NSW), ss 84, 90, 135, 137 Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) Mental Health (Criminal Procedure) Act 1990 (NSW) Mental Health (Forensic Provisions) Act 1990 (NSW), s 10 Proceeds of Crime Act 2002 (Cth) Surveillance Devices Act 2007 (Cth), s 18(5) Cases Cited: Cranston v R [2020] NSWCCA 143 Dietrich v The Queen (1992) 177 CLR 292; [1992] HCA 57 Kesavarajah v The Queen (1994) 181 CLR 230; [1994] HCA 41 Matthews v R (No 2) [2013] NSWCCA 194 R v Cranston [2020] NSWSC 469 R v Cranston (No 4) [2020] NSWSC 1104 R v Cranston (No 6) [2020] NSWSC 1777 R v Cranston (No 7) [2020] NSWSC 1834 R v McKellar [2013] NSWSC 896 R v Sharrouf (No 2) [2008] NSWSC 1450 Category: Procedural rulings Parties: Adam Cranston (Applicant) Crown (Respondent) Representation: Counsel: F Douglas QC with P Lange (Adam Cranston) R Maidment QC with R Sharp and L Robb Vujcic (Crown)