Police v Rogers [2007] NSWLC 34

Local Court of New South Wales

CITATION: Police v Rogers [2007] NSWLC 34 JURISDICTION: Criminal PARTIES: Police Brian Rogers FILE NUMBER: PLACE OF HEARING: Inverell Local Court DATE OF DECISION: 01/25/2007 MAGISTRATE: Magistrate G Lerve CATCHWORDS: Stay of proceedigs - jurisdiction to grant a Permanent Stay of Proceedings - justification for an order of a Permanent Stay of Proceedings LEGISLATION CITED: Barron –v- A-G (1987) 10 NSWLR 215 Connelly –v- DPP [1964] AC 1254 Grassby –v- The Queen (1989) 168 CLR 1 CASES CITED: Jago –v- District Court of NSW (1989) 168 CLR 23 Longman –v- The Queen (1989) 168 CLR 79 R –v- Murray (1987) 11 NSWLR 11 Watson v Attorney-General (NSW) (1987) 8 NSWLR 685 REPRESENTATION: Sgt. D. Coulton, Police Prosecutor Mr. J. Watts, Solicitor ORDERS:

Reasons for Decision on Application for a Permanent Stay of Proceedings

[1] By way of Court Attendance Notice the accused is charged as follows: That (he) on 6 June 2003 at Inverell in the State of New South Wales, did assault John Fenton thereby occasioning actual bodily harm to him."

[2] The accused makes application that the proceedings in respect of that Court Attendance Notice be permanently stayed. That application is based on the very considerable delay in the prosecution being brought against the accused. The accused argues that he has suffered actual and ostensible prejudice. As part of his argument the accused maintains that a witness he would have called to provide an alibi is now deceased. This, so the accused argues is the basis for arguing actual prejudice.