R v Rogerson; R v McNamara (No 43) [2016] NSWSC 410

Supreme Court New South Wales

Medium Neutral Citation: R v Rogerson; R v McNamara (No 43) [2016] NSWSC 410 Hearing dates: 11 April 2016 Date of orders: 11 April 2016 Decision date: 11 April 2016 Jurisdiction: Common Law Before: Bellew J Decision: See [18] Catchwords: CRIMINAL LAW – Practice and Procedure – Where accused withdrew instructions from trial counsel – Where new counsel was then engaged who was available to assume the conduct of the trial – Where adjournment of 10 days sought to allow new counsel to read material and obtain instructions – Where Crown case all but closed – No necessity for newly briefed counsel to direct attention to cross-examining witnesses – Where counsel's attention would necessarily be directed to leading evidence from the accused in his case – Where one week had already passed without the jury hearing evidence – Where newly briefed counsel had already conferred with the accused and had commenced reading the trial transcript – Adjournment of 3 days granted Legislation Cited: Evidence Act 1995 (NSW) Cases Cited: R v Rogerson; R v McNamara (No 42) [2016] NSWSC 405 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 G Wendler – Accused McNamara

Solicitors: Director of Public Prosecutions – Crown Katsoolis and Co – Accused Rogerson AHA Taylor Lawyers – Accused McNamara File Number(s): 2014/157408; 2014/156921 Publication restriction: Nil