NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Attwater v R [2017] NSWSC 327 Hearing dates: 28 March 2017 Decision date: 31 March 2017 Jurisdiction: Common Law - Criminal Before: Latham J Decision: Application dismissed Catchwords: CRIMINAL LAW – procedure – change of venue – whether it is expedient to change the venue – whether accused cannot be afforded a fair trial – nature and extent of prejudicial publicity – whether change of venue would cause unnecessary delay - application dismissed. Legislation Cited: Coroners Act 2009 (NSW) - s 78 Jury Act 1977 (NSW) – s 19(2) Criminal Procedure Act 1986 (NSW) – s 30 Cases Cited: DPP (Vic) v Bennett (2004) 10 VR 355; VSC R v Cattell [1968] 1 NSWR 156 R v Merrick [2016] NSWSC 163 R v Ratten (Supreme Court (Vic) 4 August 1970, unrep) 148 R v Turnbull (No.1) [2016] NSWSC 189 R v Vandergulik [2008] VSC 17 R v Vjestica (2008) 182 A Crim R 350; [2008] VSCA 47 R v Yanner (1997) 98 A Crim R 51; [1998] 2 Qd R 208 Category: Principal judgment Parties: Adrian Attwater (Applicant) Paul Maris (Co-accused) Regina (Respondent) Representation: Counsel: Mr I Todd (Applicant) Mr A Radojev (Co-accused) Mr P Strickland SC (Crown)
Solicitors: Legal Aid NSW (Applicant) Stidwell Solicitors (Co-accused) Director of Public Prosecutions (NSW) (Crown) File Number(s): 2016/1920062016/190670
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