R v Fleming [2007] NSWSC 337

R v Fleming [2007] NSWSC 337

Although the accused would be disadvantaged by the lack of alibi evidence and witness records due to the passage of time, this does not constitute an extreme case where an irredeemable unfairness to the accused is established. Fair trial safeguards and jury directions can address any prejudice, and the public interest in prosecution prevails. Accordingly, a permanent stay is refused.

Parties
Prosecutor: Regina; Accused: David Fleming
Jurisdiction
Australia
Judgment Date
12 April 2007
Procedural Posture
Criminal / Application for Permanent Stay of Proceedings
Outcome
Application for a permanent stay of proceedings is refused.
Legal Topics
Permanent Stay of Proceedings, Delay in Prosecution, Abuse of Process, Prejudice Due to Lost Evidence
Criminal Law Permanent Stay of Proceedings Delay in Prosecution Abuse of Process Prejudice Due to Lost Evidence

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Parties

Regina

Prosecutor

David Fleming

Accused

Procedural Posture

Criminal / Application for Permanent Stay of Proceedings

Legal Issues

  1. 1 Whether the delay in prosecution constitutes an abuse of process justifying a permanent stay of proceedings
  2. 2 Whether prejudice suffered by the accused due to lost evidence is sufficient to warrant a permanent stay

Ratio Decidendi

Although the accused would be disadvantaged by the lack of alibi evidence and witness records due to the passage of time, this does not constitute an extreme case where an irredeemable unfairness to the accused is established. Fair trial safeguards and jury directions can address any prejudice, and the public interest in prosecution prevails. Accordingly, a permanent stay is refused.

Court Disposition

Application for a permanent stay of proceedings is refused.

Orders

  • The application for a permanent stay of proceedings is refused.