Regina v Geoghegan [1999] NSWCCA 20

Regina v Geoghegan [1999] NSWCCA 20

There was no error in the District Court's approach to the exercise of discretion in refusing a permanent stay; the applicant failed to show that the proposed trial would inevitably be unfair.

Parties
Appellant: Regina; Respondent: Ian Anthony Geoghegan
Jurisdiction
Australia
Judgment Date
01 March 1999
Procedural Posture
Criminal / Application for Leave to Appeal
Outcome
Leave to appeal refused
Legal Topics
Permanent Stay of Prosecution, Discretionary Orders, Delay in Prosecution
Criminal Law and Procedure Permanent Stay of Prosecution Discretionary Orders Delay in Prosecution

Case Brief

Summary, issues, holding and outcome

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Parties

Regina

Appellant

Ian Anthony Geoghegan

Respondent

Procedural Posture

Criminal / Application for Leave to Appeal

Legal Issues

  1. 1 Whether the District Court erred in refusing to grant a permanent stay of prosecution due to the lengthy delay between the alleged offences and prosecution
  2. 2 Whether the applicant would suffer an inevitably unfair trial as a result of the delay

Ratio Decidendi

There was no error in the District Court's approach to the exercise of discretion in refusing a permanent stay; the applicant failed to show that the proposed trial would inevitably be unfair.

Court Disposition

Leave to appeal refused

Orders

  • Application for leave to appeal is refused