Li v The Queen
[2010] NSWCCA 40
Citation 1
(Para 13)
…ively, one in which the prosecution can prove by admissible evidence, the defendant knew about’.[10] I was urged to rule that the decision in Li v The Queen (2010) 199 A Crim R 419 was wrong. Ultimately, for the reasons set out in R v Vitale [2020] SADC 95, I formed the view that it was not necessary for me to rule on t…
R v Mosley
[2008] NZCA 510
Citation 2
(Para 5)
…in a prosecution instituted by the Commonwealth, make an order staying proceedings until an accused is compensated for costs thrown away: R v Moseley (1992) 28 NSWLR 735 [23] ; R v Ulman‑Naruniec (2003) 143 A Crim R 531; R v Marzilli [2015] SADC 45. [23] At 741.…
R v Vitale
[2020] SADC 95
Citation 3
(Para 2)
…unds 1 and 2 and on 24 July 2020 delivered my ruling in which I excluded from evidence a number of telephone intercepted communications: R v Vitale [2020] SADC 95. On 11 September 2020 an ex officio Information dated 15 September 2020 was filed charging the accused with an offence against s 400.9(1). [1] Rule 49…
R v Tran
[2017] SADC 128
Citation 4
(Para 8)
…In R v Tran [2017] SADC 128, Tilmouth J reviewed the authorities dealing with a conditional stay to remedy unfairness created the actions of the prosecuting or investigating authorities: On the other hand, the application for a conditional stay is quite a different matter. In determining whether a conditional stay…
R v Marzilli
[2015] SADC 45
Citation 5
(Para 5)
…il an accused is compensated for costs thrown away: R v Moseley (1992) 28 NSWLR 735 [23] ; R v Ulman‑Naruniec (2003) 143 A Crim R 531; R v Marzilli [2015] SADC 45. [23] At 741.…