Snyder (a pseudonym) v The Queen
[2021] VSCA 96
Citation 1
(Para 2)
…Ms McGarvie referred to Snyder [2021] VSCA 96, where an application for permanent stay was refused. In that case, the alleged offending occurred in 1993 to 1994, charges were not laid until 2018 and the complainant died prior to trial. The complainant was cross-examined at committal but “meaningful cross-examinat…
McGee (a pseudonym) v The Queen
[2020] VSCA 146
Citation 2
(Para 6)
…In McGee [2020] VSCA 146, [132], [140], the Court of Appeal stated that the court must perform the exercise of considering the significance of lost evidence from the perspective of the defence. Where the main argument in favour of a stay is the unavailability of important witnesses, it must be shown that the witne…
Green (a pseudonym) v The Queen
[2017] VSCA 277
Citation 3
(Para 5)
…s which went to the root of the proceedings, and which could not be remedied by rulings or directions given by the trial judge. [9] Green v The Queen [2017] VSCA 277.…
Hermanus (a pseudonym) v The Queen
[2015] VSCA 304
Citation 4
(Para 4)
…d by directions to the jury designed to counteract any prejudice that the accused might otherwise suffer.[8] [8] Hermanus (a Pseudonym) v R (2015) 44 VR 335.…
Button v Chapman
[2003] FCA 861
Citation 5
(Para 1)
…and in the conviction of those guilty of crime, and the need to maintain public confidence in the administration of justice.[5] [5] Walton v Gardiner (1993) 177 CLR 378, 395.…
Ridgeway v the Queen
[1995] HCA 66
Citation 6
(Para 3)
…Ms McGarvie referred to the case of R v Smith [1995] 1 VR 10. In that case, Brooking J (at 15), in considering a stay of proceedings sought on the basis that the charge or charges were foredoomed to fail, drew a distinction between: a. Criminal proceedings which are doomed to fail because on the undisputed…
Walton v Gardiner
[1993] HCA 77
Citation 7
(Para 1)
…serious offences and in the conviction of those guilty of crime, and the need to maintain public confidence in the administration of justice.[5] [5] Walton v Gardiner (1993) 177 CLR 378, 395.…
Jago v District Court (NSW)
[1989] HCA 46
Citation 8
…Subject:Criminal Law Catchwords: Legislation Cited: Jury Directions Act 2015 Cases Cited: Walton v Gardiner (1993) 177 CLR 378; Jago v District Court of NSW (1989) 168 CLR 23; Hermanus (a Pseudonym) v R (2015) 44 VR 335; Green v The Queen [2017] VSCA 277; McGee (a pseudonym) v R [2020] VSCA 146; R v Smith [1995] 1 VR 10; Snyder (a ps…