R v Warwick (No.63) [2019] NSWSC 41

Supreme Court New South Wales

Medium Neutral Citation: R v Warwick (No.63) [2019] NSWSC 41 Hearing dates: 29 January 2019, 30 January 2019 Date of orders: 31 January 2019 Decision date: 31 January 2019 Jurisdiction: Common Law - Criminal Before: Garling J Decision: (1) Adjourn the hearing of the trial and the taking of evidence to 10am 11 March 2019. (2) Fix the matter for a directions hearing at 10am on 4 March 2019 in the presence of the Accused, for the purpose of considering all further administrative and custodial matters which may arise with respect to the efficient further conduct of the trial. (3) Direct that the Crown give notice of that directions hearing to Corrective Services, accompanied by a request that a Senior Officer with authority with respect to arrangements for the detention of people in correctional centres or his or her legal representative be present in court at that time so that any necessary administrative arrangements can be determined. (4) Order that on or before 4pm Thursday 7 February 2019, the Accused is to file any notice of motion upon which he wishes to rely seeking a temporary stay of the trial until legal representation is provided together with all affidavits in support in admissible form and an outline of submissions in support of such orders. (5) Order that such documents are to be served upon the DPP and the Attorney-General for NSW. (6) Order that any affidavit evidence or other material in response to any such application together with an outline of submissions is to be filed and served by 10am Wednesday 13 February 2019. (7) Order that any evidence in reply to that material is to be filed by midday on Friday 15 February 2019. (8) Fix any such Motion for hearing before Garling J at 10am on Friday 18 February 2019. (9) Allow 1 day for the application – each party to have a maximum of 2½ hours for oral submissions in the course of that day. (10) Direct that when any documents are filed and served on any other party, a hard copy of them is to be provided to to the Chambers of Garling J. (11) Grant any party liberty to apply to relist the matter before Garling J on 24 hours' notice. (12) Order that the Accused is to attend the hearing on 18 February 2019 by AVL, and to the extent necessary that he be remanded in custody. Catchwords: CRIME – PRACTICE AND PROCEDURE – Notice of Motion seeking adjournment and leave to withdraw –where retainer has been terminated – where leave to withdraw was not pressed – adjournment to permit application for a temporary stay in accordance with Dietrich – where application for a temporary stay is unsuccessful, providing enough time for the Accused to prepare himself for the trial - disagreement as to length of adjournment – interests of justice – no point of general principal. Legislation Cited: Legal Profession Uniform Law Australian Solicitors' Conduct Rules 2015 Cases Cited: Dietrich v The Queen [1992] HCA 57; (1992) 177 CLR 292 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 / E Ramsay (Accused)