R v Blackett

In the case of R v Blackett, the appellant, Blackett, was charged with the murder of his partner. The trial judge, acting under the inherent jurisdiction of the court, granted a permanent stay of proceedings on the basis that the Crown’s case was weak and would likely fail. The matter came before the court on appeal from the primary decision.

The primary legal issue was whether the trial judge had applied the correct legal test in granting a permanent stay of proceedings. Specifically, the court had to determine whether the primary judge had correctly identified that the Crown’s case was afflicted with an incurable weakness, rendering the prosecution foredoomed to fail. The court also needed to consider whether the inherent jurisdiction to grant a permanent stay should be exercised in exceptional circumstances only.

The court held that the trial judge had erred in applying the test for granting a permanent stay. The inherent jurisdiction to stay proceedings was not to be exercised lightly and only in exceptional circumstances. The court found that the primary judge had not correctly identified that the Crown’s case was incurably weak to the extent that it was foredoomed to fail. As such, the appeal was allowed, the stay was discharged, and the matter was remitted to the District Court for trial.