R v W [2009] NSWDC 124

New South Wales District Court

CITATION: R v W [2009] NSWDC 124

HEARING DATE(S): 1 - 5 June 2009

JUDGMENT DATE: 5 June 2009

JURISDICTION: Crime

JUDGMENT OF: Murrell SC DCJ

CATCHWORDS: Application for permanent stay - Allegations of old indecent assault - Delay - Mental impairment of applicant - Loss of evidence

LEGISLATION CITED: Crimes Act 1900 s 578A

Austin (1995) 84 ACR 374 Barron v Attorney General for NSW (1987) 10 NSWLR 215 Barton v The Queen [1980] HCA 48 Basha (1989) A Crim R 337 Boulos v R [2008] NSWCCA 119 Jago v District Court of NSW (1989) 168 CLR 23 Hakim (1989) 41 ACR 372 Kesavarajah v R [1994] HCA 41 CASES CITED: R v Carver [1999] NSWCCA 135 R v Littler [2001] NSWCCA 173 R v Presser (1958) VR 45 R v Westley [2004] NSWCCA 192 R v WRC [2003] NSWCCA 394 The Queen v Davis (1995) 57 FCR 512 The Queen v Edwards [2009] HCA 20 Walton v Gardner (1992-3) 177 CLR 379 Williams v Spautz (1991-92) 174 CLR 509

PARTIES: Regina W

FILE NUMBER(S): 2008/00019429

COUNSEL: R Sweet of Counsel for the Applicant A Seeto of Counsel for the Crown

SOLICITORS: Galloways Solicitors Department of Public Prosecutions

The Application

1 The applicant pleaded not guilty to two offences that, between June and December 1978, he committed an act of indecency towards the complainant who was then under the age of 16 years. He pleaded not guilty to a further offence that, between June and December 1978, he indecently assaulted the complainant who was then under the age of 16 years.