R v Sheard; R v Bennis; R v Welford [2022] NSWSC 992

Supreme Court New South Wales

Medium Neutral Citation: R v Sheard; R v Bennis; R v Welford [2022] NSWSC 992 Hearing dates: 11-12 July 2022 Date of orders: 12 July 2022 Decision date: 26 July 2022 Jurisdiction: Common Law Before: N Adams J Decision: The trial of Emmett Sheard, Matthew Bennis and Luke Welford is to proceed in the absence of the accused Bennis. Catchwords: CRIMINAL PROCEDURE – trial – joint trial of three accused, one charged with murder, two with accessory after the fact to wounding with intent – where two accused (accessories) granted bail following delay due to COVID-19 – where one accused absconded and not apprehended – whether to proceed with trial in his absence – Crown case almost finished – absconder not presenting case – counsel for absconder refused leave to withdraw and later remained as amicus curiae – jury directed not to speculate – no application to discharge jury – order that trial continue in absence of absconded accused CRIMINAL PROCEDURE – right of accused person to be present at trial – waiver – exercise of discretion by trial judge to continue in absence of accused Legislation Cited: Bail Act 2013 (NSW), s 49 Crimes Act 1900 (NSW), s 33(1)(a) Criminal Appeal Rules, r 4 Evidence Act 1995 (NSW), s 53 Cases Cited: Jamal v R [2012] NSWCCA 198 Lawrence v The King [1933] AC 699 Marsh v Mushkin (No 3) [2021] ACTSC 182 R v Ali [2017] ACTSC 366 R v Cornwell [1972] 2 NSWLR 1 R v McHardie [1983] 2 NSWLR 733 R v Warwick (No.26) [2018] NSWSC 1079 R v WE (No.19) [2020] NSWSC 1569 Williams v R [2012] NSWCCA 286 Category: Procedural rulings Parties: Regina Emmett Sheard (Accused) Matthew Bennis (Accused) Luke Welford (Accused) Representation: Counsel: Mr D Patch (Crown) Mr T Evers (Accused Sheard) Mr A Norrie (Accused Bennis) Mr M Coroneos (Accused Welford)