R v Warwick (No 69) [2019] NSWSC 1059

Supreme Court New South Wales

Medium Neutral Citation: R v Warwick (No 69) [2019] NSWSC 1059 Hearing dates: 5-14 August 2019 Date of orders: 16 August 2019 Decision date: 16 August 2019 Jurisdiction: Common Law Before: Fullerton J Decision: 1. The Notice of Motion filed on 12 July 2019 is dismissed. 2. The trial of the accused, Leonard Warwick, is listed to resume before Garling J on 20 August 2019. Catchwords: CRIMINAL LAW – application for stay of proceedings due to lack of legal representation – where trial commenced in 2017 – where a grant of legal aid has been revoked and solicitor and counsel withdrew – whether the applicant has acted reasonably and is without fault in being unrepresented at the continuation of his trial - whether lawyers were at fault – where trial has previously been adjourned –dispute between applicant and lawyers as to the remaining witnesses to be called - whether it was unreasonable that the applicant sought written advice in relation to that question Legislation Cited: Criminal Procedure Act 1986 (NSW) Crimes Act 1900 (NSW) Legal Profession Uniform Law Australian Solicitors' Conduct Rules 2015 Cases Cited: Dietrich v The Queen [1992] HCA 57; (1992) 177 CLR 292 Frawley v R (1993) 69 A Crim R 208 R v Batiste (1994) 35 NSWLR 437 R v Grosser [2003] SASC 193 R v IAS [2004] SASC 240; 89 SASR 15 R v Osborne [2002] VSCA 156; 133 A Crim R 519 R v Small (1994) 33 NSWLR 575 R v Warwick (No 2) [2017] NSWSC 1225 R v Warwick (No.63) [2019] NSWSC 41 R v Warwick (No 64) [2019] NSWSC 163 R v Warwick (No 66) [2019] NSWSC 317 Texts Cited: Not Applicable Category: Procedural and other rulings Parties: The Crown Leonard John Warwick (Applicant) Representation: Counsel: K McKay / G Christofi (Crown) A R Conolly (Applicant)