R v M [2010] NSWDC 200

R v M [2010] NSWDC 200

The Court had jurisdiction and power under s 129 Criminal Procedure Act 1986 to proceed with the trial on the indictment filed by the Crown despite late presentation. The accused had not shown relevant detriment or prejudice justifying refusal to proceed or a stay: the induced statement predated any alleged bargain, its use in internal prosecutorial decisions was not prohibited by the inducement, the psychological reports and agreed facts did not impair the fairness of a trial, and any trial-preparation prejudice could be dealt with by adjournment if shown. The Crown Prosecutor's offer was made without authority to terminate charges and did not bind the Director of Public Prosecutions. A...

Jurisdiction
Australia
Judgment Date
16 September 2010
Procedural Posture
Criminal Proceedings on Indictment / Pre Trial Notices of Motion and Crown Application Under S 129 Criminal Procedure Act 1986
Outcome
Crown application under s 129 Criminal Procedure Act 1986 granted; accused's notices of motion dismissed except insofar as an application was made for the proceedings to be held in camera; accused's response under s 138(b) Criminal Procedure Act 1986 extended.
Legal Topics
['indictment Presented Out of Time' 'charge Bargaining' 'stay of Proceedings' 'abuse of Process' 'induced Statement' 'case Management' 'powers of Crown Prosecutors' 'restraint of Prosecutors']
['criminal Law' 'criminal Procedure'] ['indictment Presented Out of Time' 'charge Bargaining' 'stay of Proceedings' 'abuse of Process' 'induced Statement' 'case Management' 'powers of Crown Prosecutors' 'restraint of Prosecutors']

Case Brief

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Procedural Posture

Criminal Proceedings on Indictment / Pre Trial Notices of Motion and Crown Application Under S 129 Criminal Procedure Act 1986

Legal Issues

  1. 1 ["Whether the District Court had jurisdiction to hear the notices of motion and the Crown's application under s 129 Criminal Procedure Act 1986 before arraignment." 'Whether the Court should proceed with the trial on the indictment filed by the Crown notwithstanding that it was filed out of time.' 'Whether some or all charges should be stayed because of the plea negotiations and alleged agreement with the Crown Prosecutor.' 'Whether Crown Prosecutors or solicitors who had read the induced statement, psychological reports and agreed statement of facts should be restrained from acting in the prosecution.']

Ratio Decidendi

The Court had jurisdiction and power under s 129 Criminal Procedure Act 1986 to proceed with the trial on the indictment filed by the Crown despite late presentation. The accused had not shown relevant detriment or prejudice justifying refusal to proceed or a stay: the induced statement predated any alleged bargain, its use in internal prosecutorial decisions was not prohibited by the inducement, the psychological reports and agreed facts did not impair the fairness of a trial, and any trial-preparation prejudice could be dealt with by adjournment if shown. The Crown Prosecutor's offer was made without authority to terminate charges and did not bind the Director of Public Prosecutions. A...

Court Disposition

Crown application under s 129 Criminal Procedure Act 1986 granted; accused's notices of motion dismissed except insofar as an application was made for the proceedings to be held in camera; accused's response under s 138(b) Criminal Procedure Act 1986 extended.

Orders

  • ['Pursuant to S 129 Criminal Procedure Act the Court will proceed with the trial of M on charges contained in the indictment which has been filed by the Crown with the Registry.' 'Except insofar as an application was made for the proceedings to be held in camera, dismiss the Notices of Motion.' "The accused's...