Director of Public Prosecutions v Martin (a pseudonym) [2018] NSWCCA 207

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Director of Public Prosecutions v Martin (a pseudonym) [2018] NSWCCA 207 Hearing dates: 21 September 2018 Decision date: 21 September 2018 Before: Basten JA at [1]; Beech-Jones J at [18]; Wilson J at [19] Decision: (1) The listing of the hearing of the Director's appeal under s 5F of the Criminal Appeal Act for today is vacated.

(2) The matter is relisted for hearing on Friday, 5 October 2018. Catchwords: CRIMINAL APPEAL – procedure – interlocutory appeal by prosecutor – judgment delivered on third day of trial – appeal to be dealt with urgently – respondent's trial counsel unavailable – legal aid application unresolved – professional responsibilities of counsel – issues requiring counsel's attention – unfairness to accused/respondent in proceeding without counsel Legislation Cited: Criminal Appeal Act 1912 (NSW), s 5F Texts Cited: Practice Note No SC CCA 1: Court of Criminal Appeal – General, cll 35, 36 Category: Procedural and other rulings Parties: Director of Public Prosecutions (Applicant) Martin (a pseudonym) (Respondent) Representation: Counsel: Ms H Roberts / Mr R Howle (Applicant) Mr K Stidwell Solicitor (Respondent)

Solicitors: Director of Public Prosecutions (Applicant) Stidwell Solicitors (Respondent) File Number(s): 2016/262074 Decision under appeal Court or tribunal: District Court Jurisdiction: Criminal Date of Decision: 12 September 2018 Before: Maiden SC DCJ File Number(s): 2016/262074