NSW Caselaw
Reported Decision : 52 ACSR 154
New South Wales Supreme Court
CITATION : Regina (Cth) v Rodney Stephen Adler [2005] NSWSC 44
HEARING DATE(S) : 8 February 2005
JUDGMENT DATE : 8 February 2005
JUDGMENT OF : Dunford J
DECISION : Application refused
CATCHWORDS : Criminal Law - procedure - pre-trial publication - application to adjourn trail and for temporary stay
LEGISLATION CITED : Corporations Act 2001ss 997 and 999
Adler v Director of Public Prosecutions [2004] NSWCCA 352 John Fairfax Publications Pty Limited v the District Court of New South Wales (2004) 50 ACSR 80 CASES CITED : Murphy v The Queen (1989) 167 CLR 94 R v Yuill (1993) 69 A Crim R 450
PARTIES : Regina (Cth) v Rodney Stephen Adler
FILE NUMBER(S) : SC 2003/48
D Fagan SC / M A Wigney - Crown COUNSEL : E L Fullerton SC / M Buscombe - Accused
Commonwealth DPP - Crown SOLICITORS : Gilbert & Tobin - Accused
LOWER COURT JURISDICTION :
- 7 - IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
DUNFORD J
TUESDAY 8 FEBRUARY 2005
2003/48 REGINA (CTH) v RODNEY STEPHEN ADLER
JUDGMENT 1 HIS HONOUR: The accused, Rodney Stephen Adler, is charged with offences against ss 997 and 999 of the Corporations Act 2001.
2 On 2 April 2004, his trial was set down to commence yesterday but, at a directions hearing on 28 October last, it was decided that this week would be reserved for legal argument and the jury panel would not be called until next Monday, 14 February.
3 Yesterday, an adjournment and temporary stay of proceedings was sought on account of what was alleged to be adverse publicity which had the potential to prevent the accused receiving a fair trial.
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