R v PRIGGE [2009] NSWDC 322

Reported Decision : 10 DCLR (NSW) 58

New South Wales District Court

CITATION: R v PRIGGE [2009] NSWDC 322 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 19 November 2009 EX TEMPORE JUDGMENT DATE : 19 November 2009

JURISDICTION: District Court

JUDGMENT OF: Berman SC DCJ

DECISION: Permanent stay granted for some counts on the indictment

CATCHWORDS: Criminal law - Judgment - Notice of Motion - Application for permanent stay of proceedings - Offences committed outside Australia - Law of Nepal - Elements of an offence against Nepalese law

Crimes Act 1900 LEGISLATION CITED: Crimes Act 1914 (Cth) Some Public (Crime and Punishment) Act 1970 - Nepal

PARTIES: The Crown Geoffrey John Prigge

FILE NUMBER(S): DC 2008/11/1567; DC 2009/11/0776; DC 2007/11/0936

COUNSEL: W Roser SC - The Crown

SOLICITORS: Commonwealth DPP Jeffreys & Associates - Applicant

JUDGMENT

1 HIS HONOUR: I have before me an application brought by way of notice of motion that an indictment be permanently stayed. The indictment alleges a number of offences committed by the applicant, who I will hereinafter refer to as the accused, in Nepal. The accused being prosecuted for offences, allegedly committed outside Australia, under part IIIA of the Commonwealth Crimes Act. However, he has already been dealt with by a court in Nepal for some misconduct. The application is made that the proceedings on the indictment should be permanently stayed because of section 50FC of the Crimes Act, which says: "If a person has been convicted or acquitted in a country outside Australia of an offence against the law of that country in respect of any conduct, the person cannot be convicted of an offence against this part in respect of that conduct."