R v Jeffrey GILHAM [2007] NSWSC 1396

R v Jeffrey GILHAM [2007] NSWSC 1396

Application for stay withdrawn; no determination made as the applicant and Crown agreed that no jury would be empanelled before 11 February 2008, providing applicant opportunity to seek stay from High Court if desired.

Jurisdiction
Australia
Judgment Date
30 November 2007
Procedural Posture
Criminal / Application for Stay of Trial Withdrawn
Outcome
Application withdrawn; no determination made to stay the trial.
Legal Topics
['practice and Procedure' 'application for Stay' 'double Jeopardy' 'abuse of Process']
['criminal Law'] ['practice and Procedure' 'application for Stay' 'double Jeopardy' 'abuse of Process']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal / Application for Stay of Trial Withdrawn

Legal Issues

  1. 1 ['Whether further prosecution was oppressive and an abuse of process' 'Whether any trial would necessarily be unfair due to lost exhibits' 'Whether prosecution constituted double jeopardy']

Ratio Decidendi

Application for stay withdrawn; no determination made as the applicant and Crown agreed that no jury would be empanelled before 11 February 2008, providing applicant opportunity to seek stay from High Court if desired.

Court Disposition

Application withdrawn; no determination made to stay the trial.

Orders

  • ['No jury to be empanelled before 11 February 2008.' 'If applicant requires a stay after that date, it should be sought from the High Court.']