R v Hatfield [1999] NSWCCA 340

New South Wales Court of Criminal Appeal CITATION : R v Hatfield [1999] NSWCCA 340 FILE NUMBER(S) : CCA 60569/99 HEARING DATE(S) : 19 October 1999 22 October 1999 JUDGMENT DATE : 28 October 1999

PARTIES : Regina Irena Hatfield JUDGMENT OF : Sully J at 1; Hulme J at 2; Hidden J at 64

LOWER COURT JURISDICTION : Supreme Court LOWER COURT FILE NUMBER(S) : LOWER COURT JUDICIAL OFFICER : Grove J

COUNSEL : RD Ellis - Crown P Byrne SC; SJ Stanton - Appellant SOLICITORS : SE O'Connor - Crown SA Teen - Appellant CATCHWORDS : Criminal Law; Murder; Stay of Proceedings DECISION : Leave to appeal refused

- 31 - IN THE COURT OF CRIMINAL APPEAL No 60569/99 SULLY J HULME J HIDDEN J Thursday, 28 October 1999 REGINA -v- Irena HATFIELD JUDGMENT

1 SULLY J: I agree with Hulme J.

IN THE COURT OF CRIMINAL APPEAL No 60569/99 SULLY J HULME J HIDDEN J Thursday, 28 October 1999 REGINA -v- Irena HATFIELD JUDGMENT 2 HULME J: These Reasons arise out of an application for leave to appeal, pursuant to the provisions of Section 5F of the Criminal Appeal Act, 1912, against a decision of Grove J given on 30 September 1999, refusing an application for a permanent stay of proceedings against the Applicant on a charge of murder.

3 The death, the subject of the charge was of the Applicant's husband and occurred on or about 19 April 1985 at Maroubra. An inquest into his death was held on 17 June 1986. The charge against the Applicant was preferred on 13 June 1997. The Applicant was committed for trial on 18 September 1998, arraigned on 25 March last and 8th November next is scheduled as the day for commencement of that trial. The application for a stay of proceedings was made on 6 August 1999 and Grove J made his decision refusing a stay on 30 September last. The appeal was heard on 22 October.