R. v. KEVIN BARRY EGAN

R. v. KEVIN BARRY EGAN

The application for a permanent stay failed because the defence did not establish unfairness of a fundamental and incurable character; the court's inherent power to stay should be used only in exceptional cases and most alleged unfairness (including publicity, changed prosecution case, committal issues and witness...

Source-derived case information.

Citation
R. v. KEVIN BARRY EGAN
Parties
Defendant: Kevin Barry Egan; Prosecution: The Crown (Prosecution)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
12 January 1993
Case Number
HCCC280/1991
Procedural Posture
Criminal / Pre Trial Application to Stay Proceedings
Outcome
application for stay dismissed
Legal Topics
Abuse of Process, Fair Trial, Bill of Rights Article 10, Stay of Proceedings, Pre Trial Publicity
Source Language
en
Criminal Law Constitutional Law Procedural Law Abuse of Process Fair Trial Bill of Rights Article 10 Stay of Proceedings Pre Trial Publicity

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Summary, issues, holding and outcome

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Parties

Kevin Barry Egan

Defendant

The Crown (Prosecution)

Prosecution

Procedural Posture

Criminal / Pre Trial Application to Stay Proceedings

Legal Issues

  1. 1 Whether a stay should be granted for abuse of process
  2. 2 Whether prosecution conduct and changed circumstances make trial unfair and incapable of cure at trial
  3. 3 Whether Article 10 of the Bill of Rights provides remedies beyond common law abuse of process jurisdiction

Ratio Decidendi

The application for a permanent stay failed because the defence did not establish unfairness of a fundamental and incurable character; the court's inherent power to stay should be used only in exceptional cases and most alleged unfairness (including publicity, changed prosecution case, committal issues and witness credibility) can be remedied by trial management and evidentiary rulings; Article 10 is declaratory of existing common law protections and does not add new remedies sufficient to require a stay.

Court Disposition

application for stay dismissed

Orders

  • Application for stay dismissed
  • Crown ordered to disclose precisely what it intends to adduce in light of recent events at the earliest opportunity