NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: R v Pratten (No 15) [2015] NSWSC 573 Hearing dates: 1 May 2015 Date of orders: 01 May 2015 Decision date: 01 May 2015 Jurisdiction: Common Law Before: Rothman J Decision: (1) The motion is dismissed; (2) The trial date, being the trial date of empanelment of 18 May 2015, is vacated and the matter is listed to commence by empanelment on 1 June 2015; (3) Leave is granted to the parties to approach on three working days' notice in relation to any of the matters I have addressed in these reasons. Catchwords: CRIMINAL LAW – application for stay of proceedings – application of Dietrich principles – solicitor retained and counsel instructed for retrial – purported appeal against decision of Legal Aid Commission – Court not prevented by ss 56 and 57 of the Legal Aid Commission Act 1979 from proceeding – motion dismissed, leave granted to re-agitate issues if insufficient time to enable proper preparation of defence case Legislation Cited: Legal Aid Commission Act 1979 (NSW) Legal Profession Act 2004 (NSW) Cases Cited: R v Timothy Charles Pratten (No 14) [2015] NSWSC 457 Dietrich v The Queen [1992] HCA 57; (1992) 177 CLR 292 Category: Procedural and other rulings Parties: Regina (Crown) Timothy Charles Pratten (Accused) Representation: Counsel: D. Fagan SC/with K. Curry (Crown) J. Dormer (Accused)
Solicitors: Commonwealth Director of Public Prosecutions (Crown) Dormer Stanhope Lawyers (Accused) File Number(s): 2010/00315475 Publication restriction: None
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