An accused who is not impecunious and who seeks to vacate a trial date for lack of legal representation bears the onus of demonstrating that reasonable steps have been taken to secure alternative representation. Evidence that does not descend into detail about the inquiries made or steps taken to brief other counsel will be insufficient to discharge that onus. Fresh psychiatric evidence going to fitness to be tried does not affect an appeal from an adjournment refusal, as fitness is a matter for the trial court to determine under the Mental Health (Forensic Provisions) Act 1990 (NSW), s 10.
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