R v Mark William Standen [2011] NSWSC 1038

R v Mark William Standen [2011] NSWSC 1038

Because there was some, if limited, alleged criminal conduct by the accused which would fall within count 2 but not within count 1, inclusion of both counts is not an abuse of process. The elements addressed differ sufficiently, and the prosecution is entitled to charge both offences in order to reflect all alleged criminality. Dismissal of the application to stay the second count is warranted.

Jurisdiction
Australia
Judgment Date
17 February 2011
Procedural Posture
Criminal / Interlocutory Application
Outcome
Application to stay second count dismissed; interlocutory application refused.
Legal Topics
['abuse of Process' 'indictment' 'conspiracy' 'drug Offences' 'double Punishment']
['criminal Law'] ['abuse of Process' 'indictment' 'conspiracy' 'drug Offences' 'double Punishment']

Case Brief

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Procedural Posture

Criminal / Interlocutory Application

Legal Issues

  1. 1 ['Whether inclusion in the indictment of count 2 (supply of prohibited drug under State law) alongside count 1 (conspiracy to import precursor under Commonwealth law) is an abuse of process.']

Ratio Decidendi

Because there was some, if limited, alleged criminal conduct by the accused which would fall within count 2 but not within count 1, inclusion of both counts is not an abuse of process. The elements addressed differ sufficiently, and the prosecution is entitled to charge both offences in order to reflect all alleged criminality. Dismissal of the application to stay the second count is warranted.

Court Disposition

Application to stay second count dismissed; interlocutory application refused.

Orders

  • ['Application that the second count be stayed as an abuse of process is dismissed.' 'No certificate given under s 5F(3) of the Criminal Appeal Act.']