DIRECTOR OF PUBLIC PROSECUTIONS v GILL [1993] NSWCA 84

DIRECTOR OF PUBLIC PROSECUTIONS v GILL

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

GLEESON CJ, MAHONEY and MEAGHER JJA 10 March 1993, 20 May 1993 [1993] NSWCA 84

PRACTICE AND PROCEDURE — Stay of Proceedings — extreme delay in bringing an accused to trial — inability to obtain fair trial — power of court to stay proceedings in case of unreasonable delay — principles used in Disciplinary Proceedings and criminal proceedings — balancing competing considerations — evidentiary prejudice — adverse publicity — oppression — HELD: stay of proceedings granted — accused could not have a fair trial by reason of delay — STAY OF PROCEEDINGS — the appellant, following extreme delay on the part of the public authorities concerned, commenced a criminal prosecution against the respondent in respect of certain activities at Chelmsford Private Hospital in 1977 — Allen J granted a permanent stay of proceedings on the grounds of oppression and the inability to obtain a fair trial by reason of the delay — HELD — the judgment of Allen J showed no error of fact or law and the appeal should be dismissed.

Walton v Gardiner (High Court of Australia, 29 April 1993, unreported) applied.

Gleeson CJ This is an appeal from a decision of Allen J ordering a permanent stay of proceedings in a criminal prosecution. The proceedings were commenced by two informations and, if they had taken their ordinary course, would have involved committal proceedings before a magistrate and, depending upon the outcome of the committal proceedings, a trial.

The matter involves yet another attempt on the part of the authorities, following what the courts have described as appalling and inexcusable delay, to bring charges against a medical practitioner involved in the administration of deep sleep therapy at the Chelmsford Private Hospital.