Tange v Director of Public Prosecutions

The New South Wales Court of Appeal considered an appeal by Mr Tange against a decision of the Supreme Court of New South Wales, which had dismissed his application for a permanent stay of proceedings. Mr Tange sought to permanently stay criminal proceedings brought against him by the Director of Public Prosecutions, alleging that the prosecution was an abuse of process.

The central legal issue before the Court of Appeal was whether the Director of Public Prosecutions had acted improperly in commencing and continuing the criminal proceedings against Mr Tange, thereby constituting an abuse of process. This involved an examination of the Director's discretion to prosecute and the circumstances under which a court might intervene to prevent such proceedings.

The Court of Appeal affirmed the principles governing the Director's prosecutorial discretion, noting that it is a broad power that courts are reluctant to interfere with. It was held that the Director's decision to prosecute, even if motivated by reasons other than a belief in the likelihood of conviction, would not necessarily constitute an abuse of process. The Court found no evidence that the Director had acted in bad faith or for an improper purpose in commencing or continuing the proceedings against Mr Tange. Consequently, the appeal was dismissed.