Slotboom v R [2013] NSWCCA 18

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Slotboom v R [2013] NSWCCA 18 Hearing dates: 1 February 2013 Decision date: 13 February 2013 Before: Simpson J at [1] Johnson J at [2] Grove AJ at [40] Decision: Leave to appeal refused. Catchwords: CRIMINAL LAW - application for leave to appeal from decision of trial Judge refusing to adjourn trial - Applicant and co-accused tried for murder in 2012 - co-accused convicted of murder - jury could not agree concerning Applicant - retrial of Applicant fixed for January 2013 - application for adjournment of retrial until appeal against conviction by co-accused heard and determined - Crown case against Applicant dependent upon conviction of co-accused - claim of prejudice to Applicant if retrial proceeded and Applicant convicted and co-accused later acquitted by Court of Criminal Appeal - paucity of information concerning strength of appeal grounds of co-accused - appeal process still at early stages - significant delay before any appeal to be heard - no proper basis for grant of leave to appeal - leave refused Legislation Cited: Criminal Appeal Act 1912 Criminal Procedure Act 1986 Cases Cited: R v Matovski (1989) 15 NSWLR 720 Agius v R [2011] NSWCCA 119; 80 NSWLR 486 R v Alexandroaia (1995) 81 A Crim R 286 R v King (1985) 17 A Crim R 184 King v The Queen (1986) 161 CLR 423 Texts Cited: --- Category: Principal judgment Parties: Dirk Marten Slotboom (Applicant) Regina (Respondent) Representation: Counsel: Mr HK Dhanji SC; Mr M Breeze (Applicant) Mr CK Maxwell QC (Respondent) Solicitors: William O'Brien & Ross Hudson Solicitors (Applicant) Solicitor for Public Prosecutions (Respondent) File Number(s): 2009/41967 Publication restriction: --- Decision under appeal Citation: --- Date of Decision: 2013-01-30 00:00:00 Before: Bellew J File Number(s): 2009/41967