R v Tapia

[2019] NSWDC 130

District Court

New South Wales

Medium Neutral Citation:	R v Tapia [2019] NSWDC 130
Hearing dates:	28 March 2019
Decision date:	28 March 2019
Jurisdiction:	Criminal
Before:	Colefax SC DCJ
Decision:	Trial hearing date vacated
Catchwords:	Adjournment - Legal Aid Appeal outstanding
Legislation Cited:	Legal Aid Commission Act 1979 (NSW) s.57
Category:	Procedural and other rulings
Parties:	Regina (Crown) Pavel Perez Tapia (Accused)
Representation:	Ms Prowse (ODPP) Ms Ralph (Solicitor)
File Number(s):	2018/00088644
Publication restriction:	Nil

Judgment

1. Presently before the Court is an application by the accused for the hearing date on 1 April 2019 to be vacated.

2. The accused was arrested on 22 March 2018. He was refused bail and he has been in custody since that time, that is one year and one week.

3. He first appeared in this Court on 6 September 2018 and on that occasion a trial date of 1 April 2019 was fixed.

4. Today is the sixth occasion that the matter has been in this Court’s list.

5. The four previous occasions have all been concerned with issues concerning the grant of legal aid.

6. Ms Ralph, who appears for the accused, has informed the Court today that legal aid has been refused to the accused and that an appeal has been filed by him with the Legal Aid Review Committee. Ms Ralph has sought an adjournment of the hearing date pending the outcome of that appeal.

7. The hearing date of 1 April 2019 is accordingly vacated (cf s.57 Legal Aid Commission Act 1979 (NSW)).

8. The matter will be stood over until 30 May 2019 for the purpose of allocating a hearing date in 2020, by which time the accused will have been in custody bail refused for not less than two years. This is highly unsatisfactory – but beyond the control of the court.

Decision last updated: 17 April 2019