Corica v Throssell [No 2]

[2017] WASCA 210

JURISDICTION     :   SUPREME COURT OF WESTERN AUSTRALIA

TITLE OF COURT :   THE COURT OF APPEAL (WA)

CITATION:   CORICA -v- THROSSELL [No 2] [2017] WASCA 210

CORAM:   BUSS P

MAZZA JA

HEARD:   ON THE PAPERS

DELIVERED          :   6 SEPTEMBER 2017

PUBLISHED           :  15 NOVEMBER 2017

FILE NO/S:   CACR 64 of 2017

CACR 124 of 2017
CACR 125 of 2017

BETWEEN:   SALVATORE CORICA

Appellant

AND

JONATHAN THROSSELL
Respondent

ON APPEAL FROM:

Jurisdiction              :  SUPREME COURT OF WESTERN AUSTRALIA

Coram  :McKECHNIE J

File No  :SJA 1055 of 2012, SJA 1056 of 2012

Catchwords:

Criminal law - Practice and procedure - Application to adjourn leave application hearing

Legislation:

Nil

Result:

Application dismissed

Category:    B

Representation:

Counsel:

Appellant:     In person

Respondent:     Mr A Wadham

Solicitors:

Appellant:     In person

Respondent:     McLeods Barristers & Solicitors

Case(s) referred to in judgment(s):

Corica v Throssell [2017 WASCA 209

1. REASONS OF THE COURT:  These reasons should be read in conjunction with the reasons in Corica v Throssell (CACR 64, CACR 124 and CACR 125 of 2017)[1] and concern an application made by the appellant filed on 5 September 2017 to adjourn the hearing of the abovementioned matters listed for 14 September 2017.  On 6 September 2017, we dismissed the application on the papers.  These are our reasons for refusing the application for an adjournment.

   [1] Corica v Throssell [2017 WASCA 209.

2. The application was supported by an affidavit sworn by the appellant on 5 September 2017.  The appellant deposed that on 14 August 2017 he had a full knee replacement on his left knee and since that time he had encountered 'problems with mobility' as well as 'with drugs containing morphine' which he is using for pain relief.  He also claimed that he had no means of transport to court.  The appellant annexed to his affidavit a letter from St John of God Hospital Midland to him dated 24 July 2017 and a discharge summary referral document dated 22 August 2017.  While it may be accepted that the appellant underwent a total left knee replacement, there is nothing in the documents from St John of God Hospital to the effect that he would be unable to attend at the hearing on 14 September 2017 or he would be unable to effectively argue his case before this court.  The appellant attended the hearing on 14 September 2017.  We note that he did not appear adversely affected by any painkilling drugs that he was taking at the time.