R v Warwick (No.20) [2018] NSWSC 656

Supreme Court New South Wales

Medium Neutral Citation: R v Warwick (No.20) [2018] NSWSC 656 Hearing dates: 11 May 2018 Date of orders: 11 May 2018 Decision date: 11 May 2018 Jurisdiction: Common Law - Criminal Before: Garling J Decision: (1) Adjourn the hearing of the trial from 14 May 2018 to 15 May 2018. (2) Fix the trial to commence on 15 May 2018, when the Court will sit to hear the Crown's opening address and any opening address which the accused wishes his lawyers to deliver. (3) The Court will then receive, as an exhibit, the whole of the original Family Court file of the proceedings between the accused and his former wife, Ms Blanchard. (4) The trial will then be adjourned to resume the commencement of evidence on Monday 9 July 2018. (5) The Court will sit as required in the period from 15 May 2018 to 9 July 2018 to hear and determine any outstanding issues that can conveniently be determined prior to the commencement of evidence. Catchwords: CRIMINAL PROCEDURE – application by accused for further adjournment of criminal trial – accused charged with a number of serious historical offences –difficulties faced by accused in consulting with lawyers whilst in custody – where new lawyers retained by accused – arrangements made by accused to retain forensic experts – where production and review of documents sought by subpoenas issued to third parties is incomplete – where accused sought a judge alone trial – where application for judge alone trial was granted – increased flexibility available in judge alone trial – consideration of the interests of justice – order made requiring Crown to deliver opening address in week fixed for trial – adjournment granted for two months before commencement of evidence Legislation Cited: Bail Act 2013 Criminal Procedure Act 1986 Cases Cited: R v Warwick (No.2) [2017] NSWSC 1225 R v Warwick (No.5) [2018] NSWSC 70 R v Warwick (No.8) [2018] NSWSC 354 Texts Cited: Not Applicable Category: Procedural and other rulings Parties: The Crown Leonard John Warwick (Accused) Representation: Counsel: K McKay / G Christofi (Crown) A R Conolly (Accused)