Regina v Stringer [2000] NSWCCA 293

Regina v Stringer [2000] NSWCCA 293

By majority, the appeal was allowed. The court decided that issues of fairness, loss of evidence, and prosecutorial policy cannot override the law as it stood at the relevant time, and the court must try the indictment as pleaded unless the dates are material due to the conduct of the trial or evidence. The order for a permanent stay was quashed, as the loss of records in itself did not justify a permanent stay and time was not of the essence in the offences unless made so by trial context.

Parties
Crown/applicant: Regina; Respondent/accused: Rodney John Stringer
Jurisdiction
Australia
Judgment Date
10 August 2000
Procedural Posture
Criminal Appeal / Appeal Against Permanent Stay Order From District Court
Outcome
By majority, appeal allowed.
Legal Topics
Stay of Proceedings, Sexual Offences, Retrospective Operation of Criminal Law, Particulars of Indictments, Abuse of Process, Community Standards and Criminality, Discriminatory Laws, Equal Justice, Evidentiary Fairness
Criminal Law Stay of Proceedings Sexual Offences Retrospective Operation of Criminal Law Particulars of Indictments Abuse of Process Community Standards and Criminality Discriminatory Laws +2 more

Case Brief

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Parties

Regina

Crown/applicant

Rodney John Stringer

Respondent/accused

Procedural Posture

Criminal Appeal / Appeal Against Permanent Stay Order From District Court

Legal Issues

  1. 1 Whether the dates alleged in the indictment are essential elements for proof of the offences charged
  2. 2 Whether a permanent stay of criminal proceedings should be granted where delay and loss of evidence alleged to result in unfair trial
  3. 3 Whether a court can be required to try an issue incompatible with the current law

Ratio Decidendi

By majority, the appeal was allowed. The court decided that issues of fairness, loss of evidence, and prosecutorial policy cannot override the law as it stood at the relevant time, and the court must try the indictment as pleaded unless the dates are material due to the conduct of the trial or evidence. The order for a permanent stay was quashed, as the loss of records in itself did not justify a permanent stay and time was not of the essence in the offences unless made so by trial context.

Court Disposition

By majority, appeal allowed.

Orders

  • Order permanently staying the presentation of the indictment is quashed.