R v Davis

In the case of The Queen v Geoffrey David Davis, the Federal Court was asked to consider an appeal against an order by the Supreme Court of the Australian Capital Territory that permanently stayed 14 charges of indecent assault brought against Dr Davis. The charges related to incidents that allegedly occurred during medical examinations between 1960 and 1974. The key legal issues were whether the court should grant a permanent stay of proceedings and whether there should be restrictions on reporting the case. The court had to balance the prejudice caused by the loss of medical records and the delay in bringing the charges against the public interest in enforcing the criminal law.

The court held that the appeal against the stay order should be dismissed. It found that the delay in bringing the charges and the destruction of the medical records caused significant prejudice to Dr Davis, making a fair trial impossible. The court emphasized the importance of maintaining the integrity of the justice system, stating that it was more important to ensure fair trials than to convict the guilty at the risk of convicting the innocent. The court also rejected an application to allow the publication of Dr Davis' name, stating that there was no justification for departing from the general rule that an accused person's name may be published.