R v RL (No 2) [2016] NSWDC 182

R v RL (No 2) [2016] NSWDC 182

Count 7 should not have been prosecuted because s 78 of the Crimes Act barred prosecution of a s 76 offence where the complainant was over 14 and under 16 unless commenced within 12 months, and the prosecution was commenced well after that period. However, because judgment had already been delivered, the court had no power to withdraw the conviction, so the appropriate order was to stay any further proceedings on the conviction.

Jurisdiction
Australia
Judgment Date
19 August 2016
Procedural Posture
Criminal / Procedural Ruling After Conviction and Before Sentence
Outcome
Further proceedings on the conviction on count 7 were stayed.
Legal Topics
['statutory Time Bar to Prosecution' 'stay of Proceedings' 'no Power to Amend Judgment and Verdict After Delivery' 'offence Under S 76 of the Crimes Act']
['criminal Law' 'criminal Procedure'] ['statutory Time Bar to Prosecution' 'stay of Proceedings' 'no Power to Amend Judgment and Verdict After Delivery' 'offence Under S 76 of the Crimes Act']

Case Brief

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Procedural Posture

Criminal / Procedural Ruling After Conviction and Before Sentence

Legal Issues

  1. 1 ['Whether count 7, alleging an offence under s 76 of the Crimes Act between 30 April 1969 and 31 December 1969 when the complainant was 15 years of age, was barred by s 78 of the Crimes Act because the prosecution was commenced after 12 months from the time of the alleged offence.' 'Whether, after delivering judgment and verdict on 5 August 2016, the District Court had power to withdraw the conviction on count 7.' 'Whether the appropriate order was to stay further proceedings on the conviction.']

Ratio Decidendi

Count 7 should not have been prosecuted because s 78 of the Crimes Act barred prosecution of a s 76 offence where the complainant was over 14 and under 16 unless commenced within 12 months, and the prosecution was commenced well after that period. However, because judgment had already been delivered, the court had no power to withdraw the conviction, so the appropriate order was to stay any further proceedings on the conviction.

Court Disposition

Further proceedings on the conviction on count 7 were stayed.

Orders

  • ['Stay any further proceedings on the conviction of RL on Count 7' 'There is to be no publication of the name of the complainant or of any material which may tend to identify the complainant']