District Court
New South Wales
Medium Neutral Citation: R v Tasich (No 2) [2012] NSWDC 262 Hearing dates: 4 December 2012 Decision date: 04 December 2012 Before: Neilson DCJ Decision: Notice of motion dismissed
Catchwords: CRIMINAL LAW - Stay application - Knowingly give false evidence to ICAC - Accused acquitted on separate charge of bribery - Application for stay of proceedings rejected by trial judge - Hung jury at first trial - Crown rejected application for entry of nolle prosequi - Question of requirement to give reasons for accepting or rejecting request for nolle prosequi - Applicability of issue estoppel in criminal proceedings - Question of abuse of process - Whether use of Court's procedures unjustifiably oppressive - DPP Prosecution Guidelines Legislation Cited: Crimes Act 1900 s 249B(2)(a)
Independent Commission Against Corruption Act 1968 s 87(1)Cases Cited: Darwich v R [2011] NSWCCA 62
Jago v The District Court of New South Wales [1989] HCA 46; (1989) 168 CLR 23
R v Selim [2007] NSWSC 154
R v Seller [2012] NSWSC 934
R v Tasich [2012] NSWDC 96; (2012) DCLR (NSW) 261
Rogers v R (1994) 181 CLR 251
Williams v Spautz (1992) 174 CLR 509Category: Interlocutory applications Parties: Regina (Crown)
Lou Tasich (Accused)Representation: Mr G Corr (Crown)
Mr G Wendler (Defence)
File Number(s): 2009/264101
Judgment
This is an application by the accused for a stay of proceedings. The application for the stay is opposed by the Crown.
It is important to bear in mind the chronology of the matter. In June 2007 the Independent Commission Against Corruption (ICAC) commenced an investigation into allegations of impropriety in the administration of the Wollongong City Council. Those investigations including the giving of development consents for Council property and dealings between property developers and members of the Council.
In September 2007 the accused gave evidence to ICAC. That was at a compulsory Examination. On 3 December 2009 there was the first listing before this Court of charges against the accused arising from the ICAC investigation. There were four charges. The charges included the three on the current indictment and a charge of corruptly offering a financial benefit as an inducement, a charge contrary to s 249B(2)(a) of the Crimes Act 1900. The three charges on the current indictment are of offences contrary to s 87(1) of the Independent Commission Against Corruption Act 1988 (the 'ICAC Act').
On 22 February 2011 the solicitors then acting for the accused wrote to the DPP. The substance of the letter is this:
"You would now be aware that the allegations against our client have now been adjourned for mention at the Sydney District Court on 18 March 2011.
Prior to that date we would ask that the Director of Public Prosecutions consider splitting the indictments [sic] so that there would be two separate trials with respect to the allegations against our client.
It is submitted to you that the Crown ought to bring one indictment for the allegation of 'Corruptly offering a benefit…
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- AGLC
- R v Tasich (No 2) [2012] NSWDC 262
- Case
- [2012] NSWDC 262
- Decision Date
CaseChat Overview and Summary
The Court of Criminal Appeal held that the trial judge was not required to give reasons for rejecting the application for a nolle prosequi. The Court found that the issue of whether the trial judge should have given reasons was not a matter of general public importance, and therefore, did not warrant an appeal. The Court also held that issue estoppel was not applicable in criminal proceedings, and that the use of the Court's procedures was not unjustifiably oppressive. The Court found that the respondents' application for a stay of proceedings was an abuse of process, and that the Crown's rejection of the application for entry of nolle prosequi was not an abuse of process. The Court held that the Director of Public Prosecutions Prosecution Guidelines did not apply to the circumstances of this case.
The Court of Criminal Appeal dismissed the notice of motion and held that the application for a stay of proceedings was an abuse of process. The Court found that the respondents had not established any grounds for the stay of proceedings, and that the trial judge's decision to reject the application for a nolle prosequi was not an abuse of process. The Court held that the Director of Public Prosecutions Prosecution Guidelines did not apply to the circumstances of this case. The Court found that the use of the Court's procedures was not unjustifiably oppressive, and that the respondents' application for a stay of proceedings was an abuse of process. The Court held that the respondents were not entitled to a stay of proceedings, and that the notice of motion was dismissed.
Orders
Orders of the court
Notice of motion dismissed
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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