NSW Caselaw
New South Wales District Court
CITATION: R v Payne, Graham [2010] NSWDC 79
JUDGMENT DATE: 5 May 2010
JURISDICTION: Criminal
JUDGMENT OF: Nicholson SC DCJ
DECISION: The application for a stay of proceeding rejected.
CATCHWORDS: Criminal Law - Interlocutory Judgment - Application for permanent stay - brittle and fragile health situation of applicant - applicant charged May 2006 with sexual intercourse without consent - specially aggravated break, enter and commit serious indictable offence - crown case - complainant paying guest and hotle/motel with separate cabins - paying female guest asleep alone in cabin - publican using master key enters cabin - digitally penetrates complainant - first trial aborted May 2008 - applicant charged with encouraging publican employee to give false evidence thereby perverting the course of justice - bail refused - extremely serious health deterioration - hospitalisation - subsequent restoration of bail - servere poor prognosis for future - significance of permanent stay within framework of administration of criminal justice discussed - burden on applicant to satisfy court his medical condition such that it would be oppressive to him to try him and that the substantial public interest in having a trial of issues raised by these charges should be permanently set aside - failure to prove oppression - likely stress levels of accused during prospective trial not established - impact of potential stress on applicant's heart condition not established - steps available to ease applicant fatigue level discussed - arrangments made to ease fatigue levels - managing applicant's healh needs at trial discussed.
Jago v District Court (NSW) (1989) 168 CLR 23 CASES CITED: R v Wu 2002 NSWCCA 214 Littler (2001) 120 A Crim R 512 at 513 per Hodgson JA
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