R v Dawson [2020] NSWSC 1221

Supreme Court New South Wales

Medium Neutral Citation: R v Dawson [2020] NSWSC 1221 Hearing dates: 15-31 July 2020 Decision date: 11 September 2020 Jurisdiction: Common Law Before: Fullerton J Decision: 1. The notice of motion seeking an order for a permanent stay of the trial is dismissed. 2. The trial is not to commence before a jury before 1 June 2021. 3. The parties are to jointly apply to the chambers of the Criminal List Judge by 5pm on 14 September 2020 for a date when the trial will be called over by his Honour. Catchwords: CRIMINAL LAW – application for permanent stay of indictment on individual and composite grounds – applicant charged with the murder of his wife in 1982 – ODPP's decision to prosecute in 2018 reversing earlier decisions not to prosecute – extensive pre-trial publicity and commentary, including a podcast series in 2018 in which the applicant's solicitor and Deputy State Coroner were interviewed – whether podcast caused irremediable prejudice justifying permanent stay of proceedings – whether apprehended unfair consequences of pre-trial publicity / commentary are capable of being relieved against by directions to jury and other orders – whether applicant is irremediably prejudiced by an unreasonable delay in initiating the prosecution – whether police misconduct has caused incurable prejudice – whether decision to prosecute was influenced by pre-trial publicity and commentary, including by NSW Commissioner of Police – whether that amounted to an abuse of process justifying a permanent stay of proceedings Legislation Cited: Coroners Act 1980 (NSW) (repealed) Courts Suppression and Non-publication Orders Act 2010 (NSW) Criminal Procedure Act 1986 (NSW) Director of Public Prosecutions Act 1986 (NSW) Evidence Act 1995 (NSW) Jury Act 1977 (NSW) Police Regulation (Allegations of Misconduct) Act 1978 (NSW) Cases Cited: Dupas v The Queen (2010) 241 CLR 237; [2010] HCA 20 Eastman v Director of Public Prosecutions (No 13) [2016] ACTCA 65 Gilbert v The Queen (2000) 201 CLR 414; [2000] HCA 15 Hinch v The Attorney-General (Vic) (1987) 164 CLR 15; [1987] HCA 56 Jago v The District Court (NSW) (1989) 168 CLR 23; [1989] HCA 46 Moti v The Queen (2011) 245 CLR 456; [2011] HCA 50 Murphy v The Queen (1989) 167 CLR 94; [1989] HCA 28 R v Davis (1995) 57 FCR 521 R v Littler (2001) 120 A Crim R 512; [2001] NSWCCA 173 Rogers v The Queen (1994) 181 CLR 251 at 286; [1994] HCA 42 Strickland (a pseudonym) v Commonwealth Director of Public Prosecutions (2018) 272 A Crim R 69; [2018] HCA 53 The Queen v Glennon (1992) 173 CLR 592; [1992] HCA 16 Tuckiar v The King (1934) 52 CLR 355; [1934] HCA 49 Volkers v R [2020] QDC 25 Category: Principal judgment Parties: Christopher Michael Dawson (Applicant/Accused) The Crown (Respondent) Representation: Counsel: P Boulten SC (Applicant/Accused) C Everson (Respondent/Crown)