R v Dunstall [2018] NSWSC 1576

Supreme Court New South Wales

Medium Neutral Citation: R v Dunstall [2018] NSWSC 1576 Hearing dates: 10 August 2018 Decision date: 10 August 2018 Jurisdiction: Common Law Before: Button J Decision: (1) The notice of motion of the applicant filed 1 August 2018 is dismissed. (2) The trial date of Monday 3 September 2018 at Wollongong is confirmed. Catchwords: CRIMINAL LAW – procedure – application for change of venue from regional centre to Sydney – whether balance of convenience falls towards Sydney – whether logistical impositions experienced by accused and defence legal team warrant change in venue – discussion of other relevant factors – trial date and venue confirmed – notice of motion dismissed Legislation Cited: Criminal Procedure Act 1986 (NSW), s 30 Category: Procedural and other rulings Parties: Regina Glen Roland Dunstall Representation: Counsel: D Scully (Crown) J Stratton SC (Accused)

Solicitors: Director of Public Prosecutions (Crown) Voros Lawyers (Accused) File Number(s): 2015/141328 Publication restriction: Nil

Ex Tempore Judgment - revised

Introduction 1. This application by the accused for a change of venue from the Supreme Court at Wollongong to the Supreme Court in Sydney (pursuant to s 30 of the Criminal Procedure Act 1986 (NSW)) has been argued with admirable concision. I have also had the benefit of short but cogent written submissions from both parties. As well as that, the trial date is imminent in that it is three weeks from next Monday, three days from today. For all of those reasons, I think that I can and should be succinct myself.