CITATION: Regina v J W S Rose [No 1] [2001] NSWSC 818 revised - 20/11/2001 CURRENT JURISDICTION: Criminal Division FILE NUMBER(S): SC 70032/01 HEARING DATE(S): 14/09/01 JUDGMENT DATE:
19 September 2001PARTIES :
Regina
Jeffrey William Spencer RoseJUDGMENT OF: Kirby J
COUNSEL : C Maxwell QC (Crown)
J Stratton (Accused)SOLICITORS: S E O'Connor - Crown Solicitor
D J Humphries - LAC (Accused)CATCHWORDS: CRIMINAL PRACTICE & PROCEDURE - Application by accused for Permanent Stay - Loss of exhibits - Lengthy delay in prosecution CASES CITED: Jago v The District Court of NSW & Ors (1989) 168 CLR 23
Longman v The Queen (1989) 168 CLR 79
Crampton v The Queen (2000) 117 A Crim R 222
Shepherd v The Queen (1990) 170 CLR 573
Barton v The Queen (1980) 147 CLR 75
The Queen v McCarthy & Ors (CCA, unreported, 12.08.94)
Barron v AG (1987) 10 NSWLR 215
R v Littler [2001] NSWCCA 173
The Queen v King [2000] NSWCCA 507
R v Reeves 122 ACTR 1
R v Irena Hatfield [1999] NSWCCA 340DECISION: Ref para 58
THE SUPREME COURT
OF NEW SOUTH WALES
COMMON LAW DIVISION
CRIMINAL DIVISIONKIRBY J
Wednesday 19 September 2001
70032/01 - REGINA v JEFFREY WILLIAM SPENCER ROSE
JUDGMENT [No 1] - On application for Permanent Stay of Proceedings
1 HIS HONOUR: Mr Jeffrey Rose (“the accused”) is charged with the murder of his wife, Kristine Anne Rose (“the deceased”), on or about 30 April 1982. He is due to stand trial on Tuesday 2 October 2001.
2 By Notice of Motion the accused has sought an order permanently staying the proceedings.
Background
3 The accused and the deceased had been married for some time. They had three children. On the Crown case they had a troubled relationship, which included acts of violence by Mr Rose against the deceased.
4 In early 1982 the family moved from Coffs Harbour to Armidale. The deceased then separated from her husband. He was, at that time, unemployed, and in receipt of an invalid pension. The children remained with Mr Rose, although they were later transferred, at least for a time, to a home.
5 The deceased enrolled as a student at the University of New England at Armidale. She began a new life. Her new life included other men with whom she had sexual relationships.
6 In March 1982, the deceased moved into a flat in Claude Street, Armidale. The flat was not far from the campus. Mr Jeffery Rose, shortly after, was provided by the Government with a flat in Markham Street, Armidale.
7 The deceased and the accused continued to see each other. Indeed, they underwent counselling in respect of their marriage. It is the Crown case that Mr Rose found it difficult to accept his wife’s decision to leave him, and to take up with other men. He became jealous. He made threats against his wife, especially when affected by drink. He was skilled in karate. Ms Anne-Marie Reeves has provided a…
Keep reading for free
Create a free CaseChat account to read Regina v J W S Rose [No 1] and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2001] NSWSC 818
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether the applicant's right to a fair trial, guaranteed under the Australian Constitution, had been compromised to such an extent that a stay of proceedings was warranted. The court had to consider the principles outlined in the case of Dietrich v The Queen, which established that a trial should not proceed if the delay has prejudiced the accused's right to a fair trial. The court needed to assess the extent of the prejudice resulting from the loss of exhibits and the length of the delay, weighing these against the need for the administration of justice.
Justice Johnson held that while the delay in the prosecution had indeed prejudiced the applicant's ability to mount a proper defence, it was not sufficient to warrant a permanent stay of proceedings. The court found that the applicant had not demonstrated that the prejudice was so severe that it rendered the trial unfair. The length of the delay and the loss of exhibits were significant factors, but the court also took into account the public interest in the administration of justice and the applicant's own conduct in contributing to the delay. Consequently, the application for a permanent stay was dismissed, but the court ordered that the trial should proceed with certain measures to mitigate the prejudice caused by the delay.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.