Croke v R [2020] NSWCCA 8

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Croke v R [2020] NSWCCA 8 Hearing dates: 4 February 2020 Date of orders: 04 February 2020 Decision date: 10 February 2020 Before: Adamson J; Beech-Jones J; Ierace J Decision: (1) Grant leave to the applicant to appeal from the refusal of Syme DCJ on 29 January 2020 to vacate the trial and the refusal of her Honour on 30 January 2020 to grant a temporary stay of the proceedings.

(2) Allow the appeal.

(3) Set aside the orders made on 29 and 30 January 2020.

(4) Order that the trial of the accused be stayed up to and including 2 March 2020, save that the District Court may make interlocutory orders for the conduct of any trial on or after 2 March 2020.

(5) Direct the applicant to provide to the chambers of Adamson J any application for a non-publication order by 3:00pm this afternoon, if any such application is to be made. Catchwords: CRIMINAL LAW – interlocutory appeal from refusal to adjourn or stay trial – accused said to be effectively unrepresented through no fault of his own – accused's barrister returned brief close to trial – prosecution case involved overseas witness in custody – principles in Dietrich – necessary for counsel to run trial – adjournment or stay required – leave granted – appeal allowed. Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Crimes Act 1900 Criminal Appeal Act 1912 Criminal Procedure Act 1986 Cases Cited: Dietrich v The Queen (1992) 177 CLR 292; [1992] HCA 57 House v The King (1936) 55 CLR 499; [1936] HCA 40 Marwan v Director of Public Prosecutions [2019] NSWCCA 161 R v Baker [2000] NSWCCA 85 Category: Principal judgment Parties: Michael Anthony Croke (Applicant) Regina (Respondent) Representation: Counsel: D Dalton SC; T Edwards (Applicant) D Patch; C Taylor (Respondent)