R v Rogerson; R v McNamara (No 42) [2016] NSWSC 405

Supreme Court New South Wales

Medium Neutral Citation: R v Rogerson; R v McNamara (No 42) [2016] NSWSC 405 Hearing dates: 8 April 2016 Date of orders: 08 April 2016 Decision date: 08 April 2016 Jurisdiction: Common Law Before: Bellew J Decision: See [69] Catchwords: CRIMINAL LAW – Practice and Procedure – Where accused withdrew instructions from trial counsel – Where accused given an opportunity to engage new counsel – Where no new counsel said to be available – No evidence adduced by the accused explaining the circumstances in which instructions were withdrawn – Further adjournment of the trial sought – Where jury had already been absent for one week without hearing any evidence – Application refused

CRIMINAL LAW – Practice and Procedure – Where accused withdrew instructions from trial counsel – Where accused given an opportunity to engage new counsel – Where no new counsel said to be available Where accused being tried jointly with a co-accused – Where accused sought that the trials be separated in light of the fact that he was now unrepresented – Application for separate trial previously made and refused – No change in circumstances warranting an order for a separate trial – Application refused

CRIMINAL LAW – Practice and Procedure – Where accused withdrew instructions from trial counsel – Where accused given an opportunity to engage new counsel – Where no new counsel said to be available – Where accused sought a discharge of the jury – Necessity to balance a number of competing interests – Trial in its tenth week – Crown case all but completed – Co-accused not legally aided and privately funding his trial – Balance in favour of the trial continuing with the accused unrepresented – Application for discharge of the jury refused Legislation Cited: Evidence Act 1995 (NSW) Cases Cited: BK v The Queen [2000] NSWCCA 4; (2000) 110 A Crim R 298 Craig v The State of South Australia [1995] HCA 58; (1995) 184 CLR 163 Dietrich v The Queen [1992] HCA 57; (1992) 177 CLR 292 R v Gilfillan [2003] NSWCCA 102 R v Rogerson; R v McNamara (No 3) [2015] NSWSC 965 R v Rogerson; R v McNamara (No 14) [2015] NSWSC 1157 Category: Procedural and other rulings Parties: Regina – Crown Roger Caleb Rogerson – Accused Glen Patrick McNamara – Accused Representation: Counsel: Mr C Maxwell QC – Crown Mr G Thomas – Accused Rogerson Mr C Waterstreet and (later) Mr G Wendler – Accused McNamara