R v IL (No 3) [2014] NSWSC 1733

Supreme Court New South Wales

Medium Neutral Citation: R v IL (No 3) [2014] NSWSC 1733 Hearing dates: 3 December 2014 Decision date: 03 December 2014 Jurisdiction: Common Law Before: Hamill J Decision: Application for adjournment refused. Catchwords: CRIMINAL LAW - adjournment - discharge of jury - application for adjournment after ruling that no evidence support some counts on the indictment - application requiring discharge of jury - application to enable appeal against acquittal in circumstances where no interlocutory appeal available - decision said to be relevant to "other cases in the pipeline" - no details of other cases provided or known - delays in trial - expense - accused entitled to verdicts on other counts on indictment - accused on stringent bail condition for two years - suggestion that accused not prejudiced rejected - no prejudice to prosecution in remaining charges going to verdict Legislation Cited: Criminal Appeal Act 1912 (NSW) Crimes (Appeal and Review) Act 2001 (NSW) Cases Cited: R v IL (No 2) (2014) NSWSC 1710 R v Lethlean (1985) 53 A Crim R 197 R v Cheng (1998) 48 NSWLR 616 Category: Procedural and other rulings Parties: Crown IL (Accused) Representation: Counsel: R Herps (Crown) R Pontello (Accused)

Solicitors: DPP (Crown) The Defenders (Accused) File Number(s): 2012/3683 Publication restriction: Non-publication of any matter that may lead to the identification of the accused (Crimes (Appeal and Review) Act 2001 (NSW), s 111(1)(b))