R v Munshizada [2020] NSWSC 30

Supreme Court New South Wales

Medium Neutral Citation: R v Munshizada [2020] NSWSC 30 Hearing dates: 24, 28 and 31 January 2020 Date of orders: 31 January 2020 Decision date: 03 February 2020 Jurisdiction: Common Law - Criminal Before: Fagan J Decision: Application to vacate trial dismissed. Catchwords: CRIMINAL PROCEDURE – application to vacate trial date – where accused unrepresented due to withdrawal of instructions two weeks before trial Cases Cited: Craig v South Australia (1995) 184 CLR 163 Dietrich v The Queen (1992) 177 CLR 292 Greer v R (1992) 62 A Crim R 442 R v Alexandroaia (1995) 81 A Crim R 286 R v BK [2000] NSWCCA 4 Category: Procedural and other rulings Parties: Regina Siar Munshizada Representation: Counsel: A Morris (Crown) P Lange (Accused)

Solicitors: Solicitor for the Director for Public Prosecutions (Crown) One Group Legal (Accused) File Number(s): 2016/358164 Publication restriction: Not to be published generally until the conclusion of the trial of the accused and two others on two counts of murder, listed to commence on 30 March 2020 Decision under appeal File Number(s): 2016/358164

Judgment 1. The accused has applied to have his trial, which is listed to commence on Monday 3 February 2019, vacated. He is charged that on 30 March 2016 at Kingswood in the State of New South Wales he did murder Michael Davey. The trial date was fixed on 12 July 2019. The ground upon which the adjournment is sought is that the accused is presently unrepresented, having withdrawn instructions from his solicitors and senior counsel on 21 January 2020. The accused has had a grant of aid from Legal Aid New South Wales ("Legal Aid") since June 2019. He originally retained Zahr Partners, solicitors, and they briefed Mr R Driels of counsel for this trial. On 16 September 2019 the accused changed solicitors to Archbold & Co. They briefed Mr John Stratton SC at about that time and he held the brief until the withdrawal of his instructions two weeks before the appointed trial date. 2. When the application to vacate the trial date was first brought before the Court on 24 January 2020 and again on 28 January 2020, Mr Stratton and his solicitor attended but without instructions. On 28 and 31 January 2020 Mr Peter Lange of counsel, instructed by Mr Chahine, appeared for the accused with instructions limited to seeking vacation of the trial date or, at least, deferral of its commencement.