R v Halmi [2005] NSWCCA 263

R v Halmi [2005] NSWCCA 263

The District Court erred in refusing a stay by taking into account irrelevant considerations; proceedings should be stayed until the Crown pays the applicant's costs of the previous aborted trial, including specific applications' costs, as justice so requires.

Jurisdiction
Australia
Judgment Date
29 July 2005
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Refusal of Stay in District Court; Appellate Decision
Outcome
Appeal allowed; stay of proceedings ordered unless and until costs are paid by Crown
Legal Topics
['stay of Proceedings' 'costs Following Aborted Trial']
['criminal Law'] ['stay of Proceedings' 'costs Following Aborted Trial']

Case Brief

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Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Refusal of Stay in District Court; Appellate Decision

Legal Issues

  1. 1 ['Whether further proceedings on an indictment should be stayed until the Crown pays costs incurred by the applicant in relation to a previous aborted trial' 'Whether the District Court erred in refusing a stay of proceedings']

Ratio Decidendi

The District Court erred in refusing a stay by taking into account irrelevant considerations; proceedings should be stayed until the Crown pays the applicant's costs of the previous aborted trial, including specific applications' costs, as justice so requires.

Court Disposition

Appeal allowed; stay of proceedings ordered unless and until costs are paid by Crown

Orders

  • ['Further proceedings on the indictment be stayed unless and until the Crown pays the costs incurred by the applicant in relation to the previous aborted trial' 'Such costs to include costs incurred in the application before Chief Judge Blanch and the application for leave to appeal to this Court']