Federal Court of Australia
supement no, #8, 79.
» S0ccreseeneeesocooe! eecocsecesas
CATCHWORDS CRIMINAL LAW AND PROCEDURE - permanent stay of committal proceedings - exercise of Judge's discretion - relevance of
accused's written statement of instructions to his solicitors inadvertently coming into the hands of prosecuting authorities - substantial delay in making of allegation of sexual assault on a male who was a minor at the time of the alleged assault - whether trial would necessarily be unfair - factors in addition to length of delay which may cause irretrievable prejudice - abuse of process.
Doney v_ R (1990) 171 CLR 207
Herron v McGregor (1986) 6 NSWLR 246
Emanuele v Cahill (1987) 71 ALR 302
Cooke v Purcell (1988) 14 NSWLR 51
Jago v District Court (NSW) (1989) 168 CLR 23
' R_v_Meskers, unreported, Criminal Court of Appeals, New South Wales, Priestley JA, Wood and Finlay JJ, 13 June 1991
R_v_ Glennon (1992) 173 CLR 592
Tan v Cameron [1992] 2 AC 205
Williams v_ Spautz (1992) 174 CLR 509
Walton v Gardiner (1993) 177 CLR 378,
R_v_VPH, unreported, Criminal Court of Appeal, New South Wales, Gleeson CJ, Newman and Sully JJ, 4 March 1994
G_v_ Medical Board of the ACT, unreported, Federal Court of Australia, Gallop, Neaves and Ryan JJ, 1 September 1994
ON APPEAL FROM THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
THE QUEEN v PAUL GREGORY LANE
No. ACT G84 of 1994
Coram: Wilcox, Ryan and Higgins JJ
Date: 19 June 1995 07 JUN 1999
Place: Canberra FEDERAL COURT OF
IN THE FEDERAL COURT OF AUSTRALIA AUSTRALIAN CAPITAL TERRITORY
)
) No. ACT G84 of 1994 DISTRICT REGISTRY ) ) )
GENERAL DIVISION
ON APPEAL FROM THE SUPREME COURT OF THE AUSTRALIAN CAPITAL
TERRITORY BETWEEN: THE QUEEN Appellant AND: PAUL GREGORY LANE Respondent MINUTE OF ORDER JUDGES MAKING ORDER: Wilcox, Ryan and Higgins JJ DATE OF ORDER: 19 June 1995 WHERE MADE: Canberra THE COURT ORDERS THAT: 1. The appeal be allowed. 2. The order appealed from be set aside. Note: Settlement and entry of orders is dealt with in Order
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