Kenny (a pseudonym) v The Queen

The court heard an interlocutory appeal by a person referred to as Kenny, against the refusal of a permanent stay of proceedings in relation to 35 charges and multiple uncharged acts arising from alleged sexual offences. The alleged offences involved six child complainants and occurred between 42 and 33 years ago. Kenny sought a permanent stay on the basis that the delay in bringing the charges had caused him such prejudice that it would be unfair to proceed with the trial. The primary issue for the court was whether the delay was so significant that it rendered the proposed trial unacceptably unfair and whether the prejudice was irremediable.

The court considered the factors relevant to assessing whether the delay was unfair and irremediable. These factors included the length of the delay, the reasons for the delay, the prejudice to the accused, and the steps taken by the prosecution to mitigate the prejudice. The court held that while the delay was significant, it was not so egregious as to render the trial unacceptably unfair. The court found that Kenny had not demonstrated that the prejudice was irremediable, and the refusal of the permanent stay was therefore open. The court also noted that the indictment was not overloaded, as it was appropriate to try all the charges together to avoid multiple trials and the potential for re-traumatising the complainants.

The court refused leave to appeal, holding that the appeal did not raise a question of law of general public importance. The court held that the trial judge had correctly considered all relevant factors and had not erred in law or made an error of fact that was materially prejudicial to Kenny. The court emphasised that the trial judge's decision was entitled to deference and should not be lightly interfered with. The appeal was dismissed, and the trial will proceed as scheduled.