R v Dasilva [2015] NSWSC 1909

Supreme Court New South Wales

Medium Neutral Citation: R v Dasilva [2015] NSWSC 1909 Hearing dates: 14 December 2015 Date of orders: 14 December 2015 Decision date: 14 December 2015 Jurisdiction: Common Law - Criminal Before: Johnson J Decision: The Accused's Notice of Motion filed 8 December 2015 is dismissed Catchwords: CRIMINAL LAW - Accused charged with murder - trial pending in Supreme Court - Accused seeks remittal to Local Court for committal proceedings - claim that Accused's solicitor waived committal proceedings without consent of Accused - indictment filed in Supreme Court - Accused arraigned and trial fixed - no utility in remittal even if complaint is established - application refused - application by Accused to change venue of trial from Newcastle to Sydney - claim of adverse media publicity in Central Coast and Newcastle areas - whether fair or unprejudiced trial cannot otherwise be had - foundation for change of venue not established - application refused Legislation Cited: Criminal Procedure Act 1986 Jury Act 1977 Cases Cited: R v Butler (1991) 24 NSWLR 66 Potier v Magistrate Maloney & Ors [2005] NSWSC 336 Crowe v Director of Public Prosecutions [2015] NSWSC 747 R v Privett [1999] NSWSC 1074 R v Rawlinson [2013] NSWSC 1722 Dupas v The Queen [2010] HCA 20; 241 CLR 237 R v Jamal [2008] NSWCCA 177; 72 NSWLR 258 V v McDonald (Court of Appeal, 16 February 1995, unreported, BC9504205) Sergi v Director of Public Prosecutions (Court of Appeal, 10 September 1991, unreported, BC9101577) Texts Cited: --- Category: Procedural and other rulings Parties: Regina (Crown) Ricardo Francis Herman Dasilva (Accused) Representation: Counsel: Mr PJ McGrath SC (Crown) Mr G Scragg (Accused)