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Director of Public Prosecutions v Colonomos (a Pseudonym)

Director of Public Prosecutions v Colonomos (a Pseudonym)

Case [2019] VCC 795

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AGLC: Director of Public Prosecutions v Colonomos (a Pseudonym) [2019] VCC 795
Case: [2019] VCC 795
Decision Date: 18 March 2019

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Orders

Orders of the court

grant the application to permanently stay the proceedings.

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Citations

Director of Public Prosecutions v Colonomos (a Pseudonym) [2019] VCC 795

Cases Citing This Decision

Cases Cited

Statutory Material Cited

Raphael Shannon (a pseudonym)[1] v The Queen [2019] VSCA 27
Citation 1

…[55] also determined in 2019, the Court again referred to lost opportunity rather than lost evidence. [55] Raphael Shannon (a Psuedonym) v The Queen [2019] VSCA 27 126Turning then to Nicole Colonomos in the light of those authorities. It is a very unusual circumstance to have an eyewitness to offending such as t…
Carson (a Pseudonym) v The Queen [2019] VSCA 4
Citation 2

…’ and that what they might have said, had they been available to give evidence, was mere speculation. [52] David Carson (a Pseudonym) v The Queen [2019] VSCA 4 122The Court went on to say: "As this Court has previously said, the task of assessing forensic disadvantage for this purpose requires the judge to evalu…
Kenny (a pseudonym) v The Queen [2018] VSCA 220
Citation 3

…d approvingly to Jones and again made the distinction between contextual witnesses only and eyewitnesses. [51] Jayson Kenny (a Pseudonym) v The Queen [2018] VSCA 220 121Since argument was finalised in this matter, I am aware that there have been two decisions in the Court of Appeal reviewing applications for perma…
Jason Goillon v The Queen [2018] VSCA 194
Citation 4

…bmissions dated 10 November 2018 at paragraph 37(b) [34] Roger Ward (a Pseudonym) v The Queen [2017] VSCA 37 at paragraph 36; Goillon v The Queen [2018] VSCA 194 at paragraph 66 and see ALRC Report 84 Seen and Heard: Priority for Children in the Legal Process at 14. Children’s evidence Loss of contextual witnesses…
Green (a pseudonym) v The Queen [2017] VSCA 277
Citation 5

…nant made allegations against her foster brother. Mr and Mrs Green, the foster parents, were both deceased. [49] Joel Green (a Psuedonym) v The Queen [2017] VSCA 277 117The complainant's evidence was that Mrs Green despised her and mistreated her. Further, that she suspected Mrs Green knew what her son, the accuse…
Brewer v The Queen [2017] VSCA 117
Citation 6

…herself with the vacuum, and the following day had wet her pants at school, and the mother collected her. [42] Jason Brewer (a Pseudonym) v The Queen [2017] VSCA 117 106At a later time, and apparently in protest of his innocence, the accused told the mother to take the female complainant to a doctor to determine i…
Jones (a pseudonym) v The Queen [2017] VSCA 111
Citation 7

…e other witness was a superintendent at the home, said to have a close relationship with the accused. [39] Milton Jones (a Pseudonym) v The Queen [2017] VSCA 111 103The Court of Appeal affirmed the decision of the trial judge to refuse to stay the indictment. Under the heading "Contextual evidence witnesses only",…
Roger Ward (a pseudonym)[1] v The Queen [2017] VSCA 37
Citation 8

…able to give reliable evidence.[34] [33] Defence Submissions dated 10 November 2018 at paragraph 37(b) [34] Roger Ward (a Pseudonym) v The Queen [2017] VSCA 37 at paragraph 36; Goillon v The Queen [2018] VSCA 194 at paragraph 66 and see ALRC Report 84 Seen and Heard: Priority for Children in the Legal Process at…
Hermanus (a pseudonym) v The Queen [2015] VSCA 304
Citation 9

…Honour Osborne JA in The Queen v FJL [29] and the cases cited by His Honour Osborne JA in that case. [28] Martin Hermanus (A Pseudonym) v The Queen (2015) 44 VR 335 [29] R v FJL [2014] VSCA 57 64His Honour Priest JA also referred to a summary of principles outlined in the New Zealand case of CT v The Queen [30]. I…
CT v R [2014] NZSC 155
Citation 10

…outlined in the New Zealand case of CT v The Queen [30]. I do not propose to repeat them here other than to note the following: [30] CT v The Queen [2014] NZSC 155 65Exercising a power to stay proceedings is an exceptional step, often referred to as a last resort. In cases of delay, there must be a fundamental def…
R v FJL [2014] VSCA 57
Citation 11

…v FJL [29] and the cases cited by His Honour Osborne JA in that case. [28] Martin Hermanus (A Pseudonym) v The Queen (2015) 44 VR 335 [29] R v FJL [2014] VSCA 57 64His Honour Priest JA also referred to a summary of principles outlined in the New Zealand case of CT v The Queen [30]. I do not propose to repeat the…
R v Edwards [2009] HCA 20
Citation 12

…e and unexceptional investigation of an alleged crime is a necessary element of the trial process or indeed a fair trial .[36] [35] R v Edwards [2009] HCA 20 [36] Penney v R [1998] HCA 51 89The loss of the persons at the birthday party, the neighbours, the doctor from Queen Victoria Hospital, counsellors and cou…
Penney v The Queen [1998] HCA 51
Citation 13

…ion of an alleged crime is a necessary element of the trial process or indeed a fair trial .[36] [35] R v Edwards [2009] HCA 20 [36] Penney v R [1998] HCA 51 89The loss of the persons at the birthday party, the neighbours, the doctor from Queen Victoria Hospital, counsellors and counselling records, employment r…

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