R v Lou TASICH [2012] NSWDC 96

R v Lou TASICH [2012] NSWDC 96

The applications were rejected because issue estoppel does not apply to prevent the Crown relying on contested evidence in a new trial involving different charges and events; there is no abuse of process established as the facts relate to different occasions and are charged under different statutes; and the interests of justice do not require a judge alone trial, especially where the prosecution opposes and the issues are appropriate for jury determination.

Jurisdiction
Australia
Judgment Date
15 June 2012
Procedural Posture
Criminal / Pre Trial Application Ruling
Outcome
Applications for stay of proceedings and judge alone trial are rejected.
Legal Topics
['adjournment' 'stay of Proceedings' 'issue Estoppel in Criminal Trials' 'abuse of Process' 'juries' 'judge Alone Trials' 'credibility Assessments' 'public Officials' 'icac Proceedings']
['criminal Law' 'criminal Procedure'] ['adjournment' 'stay of Proceedings' 'issue Estoppel in Criminal Trials' 'abuse of Process' 'juries' 'judge Alone Trials' 'credibility Assessments' 'public Officials' 'icac Proceedings']

Case Brief

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Procedural Posture

Criminal / Pre Trial Application Ruling

Legal Issues

  1. 1 ['Whether issue estoppel applies in criminal trials to preclude evidence following a prior acquittal' 'Whether the continuation of proceedings constitutes an abuse of process' 'Whether the trial should proceed by judge alone or by jury']

Ratio Decidendi

The applications were rejected because issue estoppel does not apply to prevent the Crown relying on contested evidence in a new trial involving different charges and events; there is no abuse of process established as the facts relate to different occasions and are charged under different statutes; and the interests of justice do not require a judge alone trial, especially where the prosecution opposes and the issues are appropriate for jury determination.

Court Disposition

Applications for stay of proceedings and judge alone trial are rejected.

Orders

  • ['The trial on all counts will proceed before a jury.']