R v Sigalla [2016] NSWSC 585

Supreme Court New South Wales

Medium Neutral Citation: R v Sigalla [2016] NSWSC 585 Hearing dates: 6 May 2016 Decision date: 10 May 2016 Jurisdiction: Common Law - Criminal Before: Johnson J Decision: Notice of Motion filed 4 May 2016 is dismissed. Catchwords: CRIMINAL LAW - application to vacate trial date and stay proceedings - Dietrich application - reliance on affidavit of solicitor on information and belief - no affidavit of Applicant - not established that Applicant is indigent - application to adjourn trial to obtain funds for legal representation - similar application previously refused - application to vacate trial refused Legislation Cited: Evidence Act 1995 Cases Cited: Dietrich v The Queen [1992] HCA 57; 177 CLR 292 R (Cth) v Petroulias (No 13) [2007] NSWSC 535 R v Sigalla [2016] NSWSC 465 Texts Cited: --- Category: Procedural and other rulings Parties: Regina (Crown) Andrew John Sigalla (Accused) Representation: Counsel: Ms P McDonald SC; Ms S Callan (Crown) Mr G O'L Reynolds SC; Mr PD Lange (Accused)

Solicitors: Office of the Director of Public Prosecutions (Crown) --- (Accused) File Number(s): 2013/151155; 2013/355116 Publication restriction: Restricted - trial pending. On 22 November 2016, a jury returned verdicts of guilty upon 24 counts under s.184(2)(a) Corporations Act 2001 (Cth). Sentence was passed for these offences on 10 February 2017: R v Sigalla [2017] NSWSC 52. In these circumstances, the non-publication order made on 10 May 2016 was lifted.