An accused who unreasonably withdraws instructions from competent, prepared, Legal Aid-funded counsel shortly before trial cannot rely on the resulting lack of representation to obtain a vacation of the trial date under Dietrich principles. The test focuses on the reasonableness of the accused's conduct, and disagreement with counsel's forensic judgments about pre-trial preparation does not constitute reasonable grounds for terminating the retainer. The jurisdictional question of whether a refusal to vacate a trial date constitutes an 'interlocutory judgment or order' under s 5F(3) of the Criminal Appeal Act 1912 (NSW) was left open.
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