R v Turnbull (No. 1) [2016] NSWSC 189

Supreme Court New South Wales

Medium Neutral Citation: R v Turnbull (No. 1) [2016] NSWSC 189 Hearing dates: 18 December 2015 Date of orders: 18 December 2015 Decision date: 10 March 2016 Before: Johnson J Decision: The trial of the Accused is to proceed at the Supreme Court in Sydney in April 2016. Catchwords: CRIMINAL LAW – procedure – appropriate venue for trial – alleged offence of murder in rural NSW – whether trial should proceed in district in which offence occurred – s. 30 Criminal Procedure Act 1989 – need for a fair trial for Crown and Accused – Accused charged with murder of environmental officer who has prosecuted him for breach of native vegetation laws – evidence of strong community feelings concerning native vegetation laws in local district – issues of expediency – evidence of difficulty empanelling a jury in district in which offence occurred – consideration of factors relevant to venue – venue for trial to be Sydney Legislation Cited: Crimes Act 1900 Criminal Procedure Act 1986 Director of Public Prosecutions Act 1986 District Court Act 1973 Evidence Act 1995 Jury Act 1977 Native Vegetation Act 2003 District Court Rules

Practice Note SC CL2 Supreme Court Common Law Division - Criminal Proceedings Cases Cited: Lemon v Attorney General (1932) 50 WN (NSW) 19 Potts v R [2012] NSWCCA 229; 227 A Crim R 217 R v Cattell (1968) 86 WN (Pt 1) (NSW) 391 R v Dorrington [1969] 1 NSWR 381 R v Holden (1956) 73 WN (NSW) 444 R v Iaria and Panozzo [2004] VSC 96; 9 VR 425 R v Leitch [1998] 1 NZLR 420 R v Vandergulik [2008] VSC 17 R v Vjestica [2008] VSCA 47; 182 A Crim R 350 Texts Cited: Blackmore and Hosking, Criminal Law (NSW), Thomson Reuters Category: Procedural and other rulings Parties: Regina (Crown) Ian Robert Turnbull (Accused) Representation: Counsel: Mr J McLennan SC (Crown) Mr T Alexis SC; Ms JL Roy (Accused)