Regina v Henman [2000] NSWCCA 58

Regina v Henman [2000] NSWCCA 58

Leave to appeal was refused because the District Court judge's discretionary refusal of a permanent or conditional stay disclosed no error of law or miscarriage of discretion, and the applicant had not shown exceptional circumstances or any sufficient basis to conclude that he could not receive a fair trial.

Jurisdiction
Australia
Judgment Date
08 March 2000
Procedural Posture
Application for Leave to Appeal Pursuant to S 5 F of the Criminal Appeal Act 1912 (nsw) Against Refusal of a Stay of Criminal Proceedings / Court of Criminal Appeal Leave Application
Outcome
Leave to appeal is refused
Legal Topics
['permanent Stay of Proceedings' 'conditional Stay of Proceedings' 'fair Trial' 'historical Sexual Assault Allegations' 'discretionary Refusal of Stay']
['criminal Law' 'criminal Procedure'] ['permanent Stay of Proceedings' 'conditional Stay of Proceedings' 'fair Trial' 'historical Sexual Assault Allegations' 'discretionary Refusal of Stay']

Case Brief

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Procedural Posture

Application for Leave to Appeal Pursuant to S 5 F of the Criminal Appeal Act 1912 (nsw) Against Refusal of a Stay of Criminal Proceedings / Court of Criminal Appeal Leave Application

Legal Issues

  1. 1 ["Whether leave should be granted to appeal against the District Court's refusal to grant a permanent stay of proceedings." 'Whether the applicant had shown that he could not receive a fair trial in the sexual assault proceedings.' 'Whether circumstances warranted a conditional stay pending medical examination of the complainant.' "Whether the District Court judge's discretion miscarried in refusing the stay applications."]

Ratio Decidendi

Leave to appeal was refused because the District Court judge's discretionary refusal of a permanent or conditional stay disclosed no error of law or miscarriage of discretion, and the applicant had not shown exceptional circumstances or any sufficient basis to conclude that he could not receive a fair trial.

Court Disposition

Leave to appeal is refused

Orders

  • ['Leave to appeal is refused']