The Queen v Davis, G.D. [1995] FCA 529

The Queen v Davis, G.D. [1995] FCA 529

A fair trial is not possible because of the extreme delay and destruction of medical records, which have caused special prejudice to the accused and rendered defence practically impossible; nothing a trial judge could do could overcome this unfairness. The public interest in prosecution must yield to the integrity of the justice system, which cannot allow trials under these circumstances. Consequently, the permanent stay order must stand.

Jurisdiction
Australia
Judgment Date
23 June 1995
Procedural Posture
Criminal Appeal / Appeal From a Permanent Stay Order in the Supreme Court of the ACT
Outcome
appeal dismissed; stay order upheld
Legal Topics
['permanent Stay of Proceedings' 'prejudice Due to Destruction of Evidence' 'publicity and Suppression Orders' 'committal Proceedings' 'indecent Assault']
['criminal Law' 'practice and Procedure'] ['permanent Stay of Proceedings' 'prejudice Due to Destruction of Evidence' 'publicity and Suppression Orders' 'committal Proceedings' 'indecent Assault']

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Procedural Posture

Criminal Appeal / Appeal From a Permanent Stay Order in the Supreme Court of the ACT

Legal Issues

  1. 1 ['Whether the destruction of medical records and delay in prosecution justify a permanent stay of criminal proceedings.' "Whether a restriction on reporting the accused's name was warranted." 'Whether the outcome in related Medical Board proceedings affects the decision to stay criminal proceedings.' 'Whether the prosecution can negative consent in some cases given the evidence.']

Ratio Decidendi

A fair trial is not possible because of the extreme delay and destruction of medical records, which have caused special prejudice to the accused and rendered defence practically impossible; nothing a trial judge could do could overcome this unfairness. The public interest in prosecution must yield to the integrity of the justice system, which cannot allow trials under these circumstances. Consequently, the permanent stay order must stand.

Court Disposition

appeal dismissed; stay order upheld

Orders

  • ['The appeal be dismissed.']