Camelo-Gomez v R [2022] NSWCCA 108

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Camelo-Gomez v R [2022] NSWCCA 108 Hearing dates: 4 March 2022 Date of orders: 4 March 2022 Decision date: 01 June 2022 Before: Davies J at [1] Bellew J at [95] Fagan J at [96] Decision: 1. Grant leave to appeal. 2. Dismiss the appeal. Catchwords: CRIME – Appeals – Interlocutory appeal – s 5F of the Criminal Appeal Act – Appeal against refusal of permanent stay by primary judge – Delay of two decades between murder and charge – Whether delay was unreasonable – Whether proceedings were unfairly burdensome and vexatious – Whether continuation of proceedings amounted to abuse of court's process – General principles governing grant of permanent stay of criminal proceedings – Where delay was not unreasonable – Where aspects of unfairness could be dealt with at the trial – Appeal dismissed Legislation Cited: Criminal Appeal Act 1912 (NSW) s 5F Evidence Act 1995 (NSW) s 38 Cases Cited: Barton v The Queen (1980) 147 CLR 75; [1980] HCA 48 Dawson v R [2021] NSWCCA 117 Jago v The District Court of New South Wales (1989) 168 CLR 239; [1989] HCA 46 Moti v The Queen (2011) 245 CLR 456; [2011] HCA 50 R v Camelo-Gomez [2022] NSWSC 136 R v Tolmie (7 December 1994, NSWCCA, Unreported) Rogers v The Queen (1994) 181 CLR 251; [1994] HCA 42 Strickland (a pseudonym) v Commonwealth Director of Public Prosecutions (2018) 266 CLR 325; [2018] HCA 53 The Queen v Glennon (1992) 173 CLR 592; [1992] HCA 16 Walton v Gardiner (1993) 177 CLR 3; [1993] HCA 77 Williams v Spautz (1992) 174 CLR 509; [1992] HCA 34 Texts Cited: Nil Category: Principal judgment Parties: Isabela Camelo-Gomez (Applicant) Crown (Respondent) Representation: Counsel: B Rigg SC & C Walsley (Applicant) M England & G Steedman (Respondent)