R v. Gilfillan [2003] NSWCCA 102

Reported Decision : 139 A Crim R 460

New South Wales Court of Criminal Appeal

CITATION : R v. Gilfillan [2003] NSWCCA 102 HEARING DATE(S) : 17 March 2003 JUDGMENT DATE : 14 April 2003

JUDGMENT OF : Santow JA at 1; Buddin J at 2; Smart AJ at 13 DECISION : Leave to appeal granted; appeal allowed; the decision of Freeman DCJ refusing to terminate the applicant's trial be set aside; the applicant's trial be terminated and a new trial be had; order/certificate for costs declined

CATCHWORDS : Applicant withdraws instructions of legal representatives well into Crown case - need to consider reasons for so doing and questions of fault on applicant's part - applicant left without legal representation in difficult trial for serious offences where representation essential for a fair trial - unable to obtain other representation at short notice - problems as to conflict of interest of applicant's solicitor precipitated by Crown's late service of some witness statements and insistence on calling such witnesses - trial judge misdirects himself - termination of trial Criminal Appeal Act 1912 LEGISLATION CITED : Crimes Act 1900 Suitors' Fund Act 1951 R v Alexandroaia (1995) 81 A Crim R 286 BK (2000) 110 A Crim R 298 R v Greer (1992) 62 A Crim R 442 House v The King (1936) 55 CLR 499 CASES CITED : Thornberry v The Queen (1995) 69 ALJR 777 Craig v South Australia (1994-1995) 184 CLR 163 DPP v Thomas James Allan unrep, NSWCCA, 1 November 1995 Thompson v Mikkelsen unrep, NSWSC, 3 October 1974 Lilley (2000) 111 A Crim R 468 PARTIES : Regina Rickie Alan Gilfillan FILE NUMBER(S) : CCA 60060/2003 COUNSEL : Applicant: P Lowe Crown: LMB Lamprati SOLICITORS : Applicant: McKerns Crown: SE O'Connor