Rule 4 of the Criminal Appeal Rules applies where an accused voluntarily absconds during trial, even though the accused was not present to take objection. A person may remain the 'driver' of a vehicle under s 52A of the Crimes Act 1900 (NSW) despite a passenger grabbing the steering wheel, provided the person retains management and control through the ability to operate the brake and accelerator. The Jiminez contemporaneity principle may render the precise question of who was 'driving' at the exact moment of impact unnecessary where the dangerous driving immediately preceded the impact. The question of whether counsel's retainer terminates upon absconding and the consequences for the jury was raised but not resolved by the majority.
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