The majority of the South Australian Court of Criminal Appeal holds that the common law of Australia permits a trial judge to exercise a discretion to commence and continue a criminal trial to verdict in the absence of a defendant who has voluntarily absconded before trial, following R v Jones (Anthony) [2003] 1 AC 1. The discretion is to be exercised with caution. However, the strong dissent of Peek J, arguing that the common law of Australia draws a substantive distinction between commencing and continuing a trial in the defendant's absence, leaves the question open for potential High Court resolution.
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