District Court
New South Wales
Medium Neutral Citation: R v Dixon (a pseudonym) No.2 [2024] NSWDC 219 Hearing dates: 13 June 2024 Date of orders: 14 June 2024 Decision date: 14 June 2024 Jurisdiction: Criminal Before: Priestley SC DCJ Decision: See [Orders]
Catchwords: CRIMINAL PROCEDURE — Stay of proceedings — Temporary
Legislation Cited: Evidence Act 1995
Cases Cited: R v Dixon (a pseudonym) [2023] NSWDC 368
R v Young [1998] 1 VR 402
Garrett v The Queen [1997] 139 CLR 437
R v Chase (a pseudonym) [2018] NSWCCA 71
R v Medich (No. 38) [2018] NSWSC 322
Category: Procedural rulings Parties: Rex (The Crown)
Dixon (a pseudonym) (The Offender)Representation: Boenisch for the Director of the Office of Public Prosecutions
Cusack for The Offender
File Number(s): 2022/148556, 2022/00184667
JUDGMENT
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By a notice of motion dated 31 May 2024 the accused seeks a stay of the proceedings in which the complainant AD makes five allegations (“the AD trial”) until the trial in which the complainant GM (“the GM trial”) makes one allegation is complete.
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Initially all 6 counts were on the one indictment. By an earlier order made on 7 September 2023 the allegation made by GM which had been count 1 was severed from the indictment. The reason for that severance was the ruling concerning tendency evidence was that the evidence of counts 2-6 on the indictment was not admissible in the trial of count 1 but that the evidence of count 1 was admissible in the trial of counts 2-6 for the reasons given in that earlier judgment; see R v Dixon (a pseudonym) [2023] NSWDC 368. That judgment determined that the tendency asserted in the Crown’s tendency notice had not been made out but also found there had been established a tendency of the accused as identified at [31] of the earlier judgment, namely as stated there “a man in a sexual relationship with a woman sexually assaults her”; that is the evidence was capable of satisfying a jury that the accused had a tendency to sexually assault a woman with whom he is in a sexual relationship.
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In the closing paragraph of the earlier ruling it was said the evidence of count 1 (the complaint of GM) was admissible in the trial of counts 2-6 subject to any further application in the event the trial of count 1 occurs first and a not guilty verdict is delivered. For the avoidance of doubt, as there was some suggestion in the submissions otherwise, there was no suggestion in the earlier judgment as to which of the now two trials should proceed first. The ruling as to the admissibility of the evidence of GM in the AD trial concerning the complaints of AD with its proviso just outlined did not carry with it any direction that the AD trial of counts 2 to 6 based on the complaint of AD…
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- AGLC
- R v Dixon (a pseudonym) No.2 [2024] NSWDC 219
- Case
- [2024] NSWDC 219
- Decision Date
CaseChat Overview and Summary
The legal issues that the court was required to decide revolved around the circumstances under which a stay of proceedings could be granted and the extent to which the accused's rights were protected under the law. The defence argued that there were exceptional circumstances that warranted a temporary stay of proceedings, while the prosecution opposed the request, asserting that the accused's rights were already adequately protected.
In its reasoning, the court examined the criteria for granting a stay of proceedings, including the need to balance the accused's right to a fair trial and the public interest in the prompt resolution of criminal matters. The court held that the defence had not provided sufficient grounds for a temporary stay, and thus, the request was denied. The court emphasised the importance of ensuring that the accused's rights were protected while also considering the broader societal interest in the timely administration of justice.
The court's decision was final, and no further appeals were permitted. The orders of the court were that the stay of proceedings was not granted, and the criminal proceedings against Dixon were to continue as scheduled.
Orders
Orders of the court
See [Orders]
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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