R v Medich (No 5)

In the case of R v Medich (No 5), the applicant, Medich, applied for an adjournment of his trial for murder. The trial was set to commence in August 2014, but had been subject to numerous delays. The application was brought on the basis that particular counsel was not available and due to a late disclosure by the Crown of relevant material. The Crown conceded that the accused was entitled to a brief adjournment to consider the recently served material.

The court was required to consider the appropriate exercise of its discretion in granting an adjournment, balancing the interests of justice against the rights of the accused to a fair trial. Key considerations included the availability of other counsel, the impact of the delay on the administration of justice, and the extent of the prejudice to the accused caused by the late disclosure. The court also noted the lengthy procedural history of the case and the need to bring the matter to a conclusion.

The court concluded that while the accused was entitled to a brief adjournment to consider the recently served material, it was not persuaded that a longer adjournment was warranted. The court found that there was no evidence before it regarding the availability of other counsel and that the accused had not demonstrated sufficient grounds for a more extensive adjournment. Consequently, the application was refused, but an adjournment of two weeks was granted to allow for the consideration of the material recently served by the Crown.

The court ordered that the trial would proceed as scheduled, with the two-week adjournment to facilitate the accused's review of the newly disclosed material.