THE Tamworth man accused of the dangerous-driving death of a little boy will return to court in October.
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The 24-year-old, who cannot be named for legal reasons, did not appear in Tamworth Local Court on Wednesday when his charges were listed.
The court was told the accused was not on bail for the allegations, stemming from the December 16 crash near Moonbi.
The man has not been required to enter pleas to charges of dangerous driving occasioning death and negligent driving occasioning death.
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Legal Aid solicitor Wendy McAuliffe asked for her client to be excused.
"[The accused] is on standby to appear today, if need be," she told the court, asking for an adjournment.
"He's not even on bail, so I don't think so," magistrate Julie Soars replied.
The court heard the brief had been served and the matter needed to be adjourned for charge certification, where the Crown will finalise its case and certify the charges it will proceed with.
Ms McAuliffe asked for six weeks, but the case will return to court in mid-October, Ms Soars said.
"It's seven weeks, the way it falls," she said.
The young boy, aged 3, died at the crash scene on the New England Highway.
Crash investigators allege the man's ute, which was travelling south that afternoon, left the road and struck a tree.
The crash claimed the life of the boy, who was seated in the back.
The driver was taken to hospital for mandatory testing.
After work by the Crash Investigation Unit in Tamworth, the man was charged in May and had his licence suspended.
The accused fronted court for the first time in June and successfully applied to have his licence reinstated. Police did not oppose the application, and Ms Soars found special circumstances in the appeal, allowing the man to have his licence back while the case proceeded.
Breanna Chillingworth
Northern Daily Leader Senior Crime and Court Reporter
Northern Daily Leader Senior Crime and Court Reporter
