Stephens v The QueenCitation:[2022] HCA 31Before:Keane, Gordon, Edelman, Steward, Gleeson JJDate:07 Sep 2022Case Number:S53/2022Read more
Section 80AF of the Crimes Act 1900 (NSW) may apply to ongoing proceedings, including after the commencement of trial, where the legislative text and context indicate such intention, and the presumption against retrospective operation is displaced.
- Parties
- Appellant: Appellant; Respondent: Crown
- Jurisdiction
- Australia
- Judgment Date
- 07 September 2022
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Sexual Offences, Retrospective Operation of Statutes, Amendment of Indictment
Case Brief
Summary, issues, holding and outcome
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Parties
Appellant
Appellant
Crown
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether section 80AF of the Crimes Act 1900 (NSW) could apply after an accused's trial had commenced
- 2 Whether the presumption against retrospective operation precluded the application of s 80AF to ongoing proceedings
Ratio Decidendi
Section 80AF of the Crimes Act 1900 (NSW) may apply to ongoing proceedings, including after the commencement of trial, where the legislative text and context indicate such intention, and the presumption against retrospective operation is displaced.
Court Disposition
appeal dismissed
Orders
- Section 80AF applies to ongoing proceedings, including after trial commencement.
- Leave to amend the indictment was properly granted.
Full Case Text
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