Barakat v R [2017] NSWCCA 147

Barakat v R [2017] NSWCCA 147

No error was identified in the primary judge's refusal to grant a permanent stay. The applicant failed to establish a nexus between payments made prior to the controlled operation and those authorised later that would invalidate the authority or taint the prosecution. The evidence did not show abuse of process warranting a permanent stay, nor was there any House v The King error demonstrated in the exercise of discretion.

Jurisdiction
Australia
Judgment Date
23 June 2017
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Interlocutory Judgment
Outcome
Leave to appeal refused
Legal Topics
['permanent Stay of Proceedings' 'controlled Operations' 'abuse of Process' 'admissibility of Evidence']
['criminal Law'] ['permanent Stay of Proceedings' 'controlled Operations' 'abuse of Process' 'admissibility of Evidence']

Case Brief

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Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Interlocutory Judgment

Legal Issues

  1. 1 ['Whether earlier payments to informant tainted investigation and prosecution' 'Whether refusal of permanent stay was erroneous' 'Whether there was a nexus between debt payments and payments authorised later in time' 'Whether controlled operation authority was invalidated by irregular payments']

Ratio Decidendi

No error was identified in the primary judge's refusal to grant a permanent stay. The applicant failed to establish a nexus between payments made prior to the controlled operation and those authorised later that would invalidate the authority or taint the prosecution. The evidence did not show abuse of process warranting a permanent stay, nor was there any House v The King error demonstrated in the exercise of discretion.

Court Disposition

Leave to appeal refused

Orders

  • ['Leave to appeal pursuant to s 5F(3) of the Criminal Appeal Act be refused']