R v Williams
[2000] QCA 346
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- Unreported Judgment
- R v Williams[2000] QCA 346
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R v Williams[2000] QCA 346
R v Williams[2000] QCA 346
COURT OF APPEAL
PINCUS JA
McPHERSON JA
MOYNIHAN J
CA No 2 of 2000
THE QUEEN
v.
BRIAN ANDREW WILLIAMS Appellant
BRISBANE
..DATE 22/08/2000
ORDER
PINCUS JA: In this matter, which is an appeal against a murder conviction, the trial was conducted last year and Mrs Clare has informed us that in this Court the matter has been previously adjourned. Mr Rafter, who was engaged in the matter, has withdrawn, there being a difference between himself and the applicant as to the grounds which should be argued.
Mr Williams has told us today that he proposes to try to engage other counsel. The situation is that he does not feel able to argue the matter himself. The Court is of the opinion that the matter has to be adjourned and that course is not opposed by Mrs Clare.
It is desirable, however, that the matter not be further adjourned. It is now getting rather old and stale. The view of this Court, therefore, is that the next time the matter is listed it should come on and be heard. It is necessary for Mr Williams to note that he will not necessarily obtain any further adjournment of the matter, even if for some reason he does not feel that he is adequately represented or that he is adequately prepared.
The Court is of the opinion that if there is to be any further material filed, or any further grounds relied on, on the part of Mr Williams, that material and those grounds should be notified in writing to the Crown at least 21 days before the matter is next down for hearing.
That is the Court holds the view, and directs, that the appellant, at least 21 days before the matter is next set down for hearing, serve upon the Prosecutor's office a document setting out any additional grounds which are to be relied on in addition to those set out in the notice of appeal.
And secondly, at least 21 days in advance of the next hearing date, that Mr Williams also causes to be served any further affidavit material which is to be relied on.
...
PINCUS JA: With that direction, that the material on the appellant's side must be filed and served at least 21 days before the next hearing date, the matter is adjourned to a date to be fixed.
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