R v Mehajer [2023] NSWDC 98

District Court New South Wales

Medium Neutral Citation: R v Mehajer [2023] NSWDC 98 Hearing dates: 27 March 2023 – 31 March 2023, 03 April 2023 & 05 April 2023 Date of orders: 05 April 2023 Decision date: 05 April 2023 Jurisdiction: Criminal Before: Bennett SC DCJ Decision: (1) The application for the stay of these proceedings until the accused is able to arrange representation by a legal practitioner for the conduct of the trial is refused (2) The proceedings are adjourned to Wednesday 12th April 2023 for commencement of the trial Catchwords: CRIMINAL LAW – Dietrich application – accused charged with domestic violence offences – application to recuse – accused's health – accused's expenses –– exceptional circumstances warranting the trial to continue without legal representation – accused's onus not discharged – stay refused Legislation Cited: Crimes Act 1900 (NSW) Crimes (Domestic and Personal Violence) Act 2007 (NSW) Criminal Procedure Act 1986 (NSW) Cases Cited: Craig v South Australia [1994/1995] 184 CLR 163 Cranston v R [2020] NSWCCA 143 Dietrich v The Queen [1992] HCA 292 Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337; [2000] HCA 63 Gaudie v Local Court (NSW) [2013] NSWSC 1425; (2013) 235 A Crim R 98 Helow v Secretary of State for the Home Department [2008] 1 WLR 2416 McIver v R [2020] NSWCCA 343 R v Cranston [2020] NSWSC 469 Category: Procedural rulings Parties: Rex (Crown) Salim Mehajer (Accused) Representation: Counsel: Ken Gilson (Crown Prosecutor) Salim Mehajer (Self-represented)