R v Lelikan [2018] NSWSC 1933

Supreme Court New South Wales

Medium Neutral Citation: R v Lelikan [2018] NSWSC 1933 Hearing dates: 16 October 2018 Date of orders: 16 October 2018 Decision date: 17 October 2018 Jurisdiction: Common Law Before: McCallum J Decision: The Crown's tender of MFI 10 is rejected

Publication of reasons for declining to order the accused to enter the dock and instead allowing him to take a seat on the floor of the court Catchwords: CRIME – evidence – trial for engaging in a hostile activity in a foreign state (Turkey and Iraq) – admissibility of documents tending to show that the accused had fled from France whilst on bail several years earlier

CRIMINAL PROCEDURE – trial judge's unfettered discretion as to whether to order the accused to enter the dock or allow him to remain on the floor of the court and to sit down – no requirement for accused to establish a need to depart from any usual approach or to establish something "exceptional" about his or her trial Legislation Cited: Crimes (Foreign Incursions and Recruitment) Act 1978 (Cth), ss 6(1)(a), 6(1)(b) Criminal Procedure Act 1986 (NSW), s 34 Evidence Act 2005 (NSW), s 137 Cases Cited: R v Stephen (No 2) [2018] NSWSC 167 Category: Procedural and other rulings Parties: Renas Lelikan (Accused) Regina (Crown) Representation: Counsel: P McGuire SC with R Ranken (Crown) P Boulten SC (Accused)

Solicitors: Office of the Commonwealth Director of Public Prosecutions (Crown) Younes + Espiner Lawyers (Accused) File Number(s): 2016/219466 Publication restriction: None