R v KING [2020] NSWDC 505

R v KING [2020] NSWDC 505

The court granted a permanent stay of proceedings for the negligent driving occasioning death charge, finding that proceeding with the charge would offend the principle of incontrovertibility after the prior acquittal on the dangerous driving occasioning death charge, as the jury's verdict was based on the statutory defence and the 'pith and substance' of the relevant issues had been determined; there was no benefit in further prosecution and it would be an abuse of process.

Jurisdiction
Australia
Judgment Date
04 September 2020
Procedural Posture
Criminal / Application for Permanent Stay of Proceedings (post Acquittal, Related Offence)
Outcome
charge permanently stayed
Legal Topics
['stay of Proceedings' 'abuse of Process' 'double Jeopardy' 'driving Offences' 'negligent Driving Occasioning Death' 'incontrovertibility']
['criminal Law' 'criminal Procedure'] ['stay of Proceedings' 'abuse of Process' 'double Jeopardy' 'driving Offences' 'negligent Driving Occasioning Death' 'incontrovertibility']

Case Brief

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Procedural Posture

Criminal / Application for Permanent Stay of Proceedings (post Acquittal, Related Offence)

Legal Issues

  1. 1 ['Whether a permanent stay of proceedings should be granted for the charge of negligent driving occasioning death attaching to the s 166 Criminal Procedure Act certificate' 'Whether proceeding with the related negligent driving charge is inconsistent with the verdict of acquittal for dangerous driving occasioning death under s 52A Crimes Act' 'The application and limits of the principle of incontrovertibility in double jeopardy contexts']

Ratio Decidendi

The court granted a permanent stay of proceedings for the negligent driving occasioning death charge, finding that proceeding with the charge would offend the principle of incontrovertibility after the prior acquittal on the dangerous driving occasioning death charge, as the jury's verdict was based on the statutory defence and the 'pith and substance' of the relevant issues had been determined; there was no benefit in further prosecution and it would be an abuse of process.

Court Disposition

charge permanently stayed

Orders

  • ['The charge of Negligent Driving occasioning death is permanently stayed.']