Haddad v R [2020] NSWCCA 37

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Haddad v R [2020] NSWCCA 37 Hearing dates: 6 March 2020 Date of orders: 06 March 2020 Decision date: 10 March 2020 Before: Meagher JA, Harrison J, Button J Decision: (1) Grant leave to appeal the District Court order of 26 February 2020.

(2) Dismiss the appeal.

(3) Discharge the orders made by this Court on 28 February 2020.

(4) Reserve reasons for decision. Catchwords: CRIMINAL PROCEDURE – stay of proceedings – lack of legal representation – stay refused by District Court – urgent application for leave to appeal refusal of stay under Criminal Appeal Act 1912 (NSW), s 5F – where previous counsel had withdrawn – where trial was to commence in matter of weeks – where applicant not impecunious – where applicant did not establish that had taken reasonable steps to secure other representation – appeal dismissed Legislation Cited: Criminal Appeal Act 1912 (NSW), s 5F Criminal Code (Cth), ss 11.5, 307.11 Mental Health (Forensic Provisions) Act 1990 (NSW), s 10 Cases Cited: Craig v State of South Australia (1995) 184 CLR 163; [1995] HCA 58. Croke v R [2020] NSWCCA 8 House v The King (1936) 55 CLR 499; [1936] HCA 40 Szulc v Chief Executive Officer, Department of Environment and Conservation (No 4) [2012] WASCA 143 Jackamarra v Krakouer (1998) 195 CLR 516; [1998] HCA 27 Jones v R (1997) 191 CLR 439 at 454; [1997] HCA 12 Category: Principal judgment Parties: Tony Haddad (applicant) Regina (respondent) Representation: Counsel: