McGrory v R

THE COURT: Adam Troy McGrory has appealed against his conviction of multiple counts of sexual offences and other offences of violence. It appears that he has not received a grant of legal aid to prosecute the appeal (although it is not clear whether he has made an application for such a grant). The appeal was listed for hearing on Monday, 2 July 2018.

Two tranches of hand-written submissions have been received by the Court of Criminal Appeal Registry on 6 December 2017. On 20 June 2018 a type-written submission was filed in the Registry signed by Mr John Eaton. Mr Eaton has disclosed to the Registrar that he does not have a right of appearance; although he holds a practising certificate, it is restricted, subject to a condition imposed by reason of s 49 of the Legal Profession Uniform Law (NSW). The condition requires the holder of such a practising certificate to practise for two years under the supervision of an Australian lawyer. There is no evidence that he has done so.

Mr Eaton therefore indicated his intention to seek leave to appear to represent Mr McGrory.

On Thursday 28 June 2018 the Registrar wrote to Mr Eaton in the following terms:

No reply was received from Mr Eaton until the week-end. A reply, dated Saturday 30 June at 2.29 pm, was in the following terms:

On Monday, 2 July Mr Eaton appeared and, as foreshadowed, sought leave to represent Mr McGrory. He did not provide any of the material sought by the Registrar.

The Court was satisfied that leave ought to be refused, and took that course. Having regard to the written submissions filed, and the failure of Mr Eaton to provide appropriate documentation, the Court was satisfied that Mr Eaton had not demonstrated a sufficient level of competence to justify departure from the statutory requirement that solicitors who hold practising certificates are required to be supervised for two years in order to gain and establish an appropriate level of competence.

The unfortunate result was that, Mr McGrory feeling unable to present his appeal himself, the appeal had to be adjourned.