NSW Caselaw
District Court New South Wales
Medium Neutral Citation: R v Sazdanovski [2020] NSWDC 379 Hearing dates: 24 June 2020; 30 June 2020; 06 July 2020; 09 July 2020 Date of orders: 09 July 2020 Decision date: 09 July 2020 Jurisdiction: Criminal Before: H. L. Syme DCJ Decision: Application on behalf of the accused for permanent Stay is granted Catchwords: Application for Permanent Stay; Proceedings in Local Court; Mental Health (Forensic Provisions) Act Legislation Cited: Mental Health (Forensic Provisions) Act Cases Cited: Jago v District Court of NSW (1989) 168 CLR Tony Strickland (a pseudonym) v Commonwealth Director of Public Prosecutions [2018] HCA 53 R v Edwards (2009) 83 ALJR 717 Walton v Gardiner (1993) 177 CLR 378 Category: Procedural and other rulings Parties: Tony SAZDANOVSKI (Applicant) Regina (Crown) (Respondent) Representation: Counsel: L. Fernandez for the Applicant S. Traynor for the Respondent
Solicitor: I. Vizintin for the Applicant; P. Madden for the Respondent File Number(s): 2020/00181969 Publication restriction: Nil
Judgment 1. By notice of motion Mr. Sazdanovski seeks that an ex officio indictment filed in the District Court on 19 June 2020, alleging the commission by him of 3 offences on the 28th April 2019, be permanently stayed. The notice of motion claims that the filing of the ex officio indictment by the DPP in the circumstances it was filed, represent an abuse of process.
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