Tootle v R [2017] NSWCCA 328

Tootle v R [2017] NSWCCA 328

The applicant did not demonstrate that the trial judge's refusal to grant a permanent stay was an abuse of process, unreasonable, or plainly unjust. The factors relied upon, individually or together, did not give rise to unfairness that was incapable of being cured at trial, nor did the Crown's conduct in the previous trial justify permanent stay. The discretion was properly exercised.

Parties
Applicant: Mark Tootle; Crown/respondent: Regina
Jurisdiction
Australia
Judgment Date
26 October 2017
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Refusal of Permanent Stay
Outcome
Leave to appeal is refused.
Legal Topics
Abuse of Process, Permanent Stay, Finality, Multiple Trials, Jury Instructions
Criminal Law Abuse of Process Permanent Stay Finality Multiple Trials Jury Instructions

Case Brief

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Parties

Mark Tootle

Applicant

Regina

Crown/respondent

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Refusal of Permanent Stay

Legal Issues

  1. 1 Whether refusal to grant a permanent stay of indictment for a fourth trial constitutes an abuse of process
  2. 2 Whether a fourth trial gives rise to unfairness or breaches the principle of finality
  3. 3 Whether insufficient weight was given to the Crown's conduct in the previous (third) trial

Ratio Decidendi

The applicant did not demonstrate that the trial judge's refusal to grant a permanent stay was an abuse of process, unreasonable, or plainly unjust. The factors relied upon, individually or together, did not give rise to unfairness that was incapable of being cured at trial, nor did the Crown's conduct in the previous trial justify permanent stay. The discretion was properly exercised.

Court Disposition

Leave to appeal is refused.