R v Rawlinson [2013] NSWSC 1722

Supreme Court New South Wales

Medium Neutral Citation: R v Rawlinson [2013] NSWSC 1722 Hearing dates: 20 November 2013 Decision date: 21 November 2013 Jurisdiction: Common Law - Criminal Before: Harrison J Decision: Application for change of venue dismissed Catchwords: CRIMINAL LAW – application for change of venue – whether fair or unprejudiced trial cannot otherwise be had – where crime has generated significant local publicity – where deceased well-known in local legal community – whether prospective jurors will know the deceased or potential witnesses Legislation Cited: Criminal Procedure Act 1986 Cases Cited: Gilbert v The Queen [2000] HCA 15; (2000) 201 CLR 414 R v Brewer [2000] NSWCCA 488 R v Cattell (1967) 86 W.N. (Pt 1) 391 R v Dorrington [1969] 1 NSWR 381 The Queen v Boriss Vjestica [2008] VSCA 47 Category: Procedural and other rulings Parties: Regina (Crown) Bradley Max Rawlinson (Accused) Representation: Counsel: C Maxwell QC (Crown) W Terracini SC (Accused)

Solicitors: Director of Public Prosecutions (Crown) Archbold Legal Solutions (Accused) File Number(s): 2011/410710 Publication restriction: Nil

Judgment 1. Section 30 of the Criminal Procedure Act 1986 provides as follows: "30 Change of venue In any criminal proceedings, if it appears to the court: (a) that a fair or unprejudiced trial cannot otherwise be had, or (b) that for any other reason it is expedient to do so, the court may change the venue, and direct the trial to be held in such other district, or at such other place, as the court thinks fit, and may for that purpose make all such orders as justice appears to require." 1. The accused is presently scheduled to be tried along with two of his co-accused for the murder of Katherine Foreman at Wollongong commencing on 3 February 2014. He seeks an order by notice of motion filed on 28 October 2013 that the venue for the trial be changed from Wollongong to Sydney. That application is made in the following circumstances.