R v O’Hara [2021] NSWDC 157

R v O’Hara [2021] NSWDC 157

The proposed four indictments with 206 counts are not oppressive or vexatious given their factual simplicity and are manageable for a jury. Leave is granted to Crown to file the indictments; the accused is directed to file written pleas to each count.

Jurisdiction
Australia
Judgment Date
10 March 2021
Procedural Posture
Criminal / Application for Stay of Proceedings and Leave to File Indictments
Outcome
Leave granted to Crown to file four indictments. Applicant directed to file written pleas.
Legal Topics
['oppressive/vexatious Indictments' 'application for Stay' 'multiplicity of Counts' 'severance']
['criminal Law' 'procedure'] ['oppressive/vexatious Indictments' 'application for Stay' 'multiplicity of Counts' 'severance']

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Procedural Posture

Criminal / Application for Stay of Proceedings and Leave to File Indictments

Legal Issues

  1. 1 ['Whether proceedings should be stayed until an indictment is presented that is not oppressive or vexatious' 'Whether leave should be granted to Crown to file four indictments with reduced counts' 'Whether certain charges should be severed from indictments']

Ratio Decidendi

The proposed four indictments with 206 counts are not oppressive or vexatious given their factual simplicity and are manageable for a jury. Leave is granted to Crown to file the indictments; the accused is directed to file written pleas to each count.

Court Disposition

Leave granted to Crown to file four indictments. Applicant directed to file written pleas.

Orders

  • ['Leave granted to Crown to file and serve four indictments within seven days.' 'Applicant ordered to file and serve written pleas to each count in each indictment within 28 days of service.' 'Written pleas must recite each count and record plea, signed by applicant and solicitor.']