R v Taber & Styman [2005] NSWSC 936

Reported Decision : 157 A Crim R 174

New South Wales Supreme Court

CITATION : R v Taber & Styman [2005] NSWSC 936

HEARING DATE(S) : 14 September 2005

JUDGMENT DATE : 16 September 2005

Common Law Division JURISDICTION : Criminal List

JUDGMENT OF : Studdert J

DECISION : Application refused.

CATCHWORDS : Plea in bar application - whether available - further question as to whether proceedings an abuse of process.

LEGISLATION CITED : Crimes Act, s 112

Pearce v TheQueen (1998) 194 CLR 610 R v Beedie (1997) 2 Cr.App.R 167 R v Carroll (2002) 213 CLR 615 CASES CITED : R v De Simoni (1981) 147 CLR 383 R v O'Loughlin; ex parte Ralphs (1971) 1 SASR 219 R v Styman & Taber [2004] NSWCCA 245

Regina v Peter Taber PARTIES : Regina v Ian Craig Styman

FILE NUMBER(S) : SC 2002/120; 2002/118

A. Robertson (Crown) COUNSEL : G. Wendler (Taber) G. Kumarasinhe (Styman)

S. Kavanagh (Crown) SOLICITORS : Van Houten Solicitors (Accused)

LOWER COURT JURISDICTION :

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION CRIMINAL LIST

STUDDERT J

Friday 16 September 2005

2002/120 REGINA v PETER TABER 2002/118 REGINA v IAN CRAIG STYMAN

JUDGMENT 1 HIS HONOUR: The accused, Ian Craig Styman and Peter David Taber, pleaded not guilty upon the presentation of an indictment charging them with the manslaughter of Joy Golbie Alchin between 5 January and 19 January 2001 at Greenwell Point. Each accused also raised a plea in bar by reason of having earlier been convicted of aggravated break and enter and commission of a serious indictable offence. 2 Before this Court, Mr Wendler, on behalf of the accused Peter Taber, submitted that there was available to his client a plea in bar and, in the alternative, sought an order that further proceedings upon the indictment be stayed permanently by reason of the current proceedings constituting an abuse of process. 3 Mr Kumarasinhe, who appears for the accused Ian Styman, supported the applications made by Mr Wendler. 4 It is necessary to refer to the background to these applications. 5 On 19 January 2001 the deceased, Joy Golbie Alchin, was found dead in her house at 23 Spies Avenue, Greenwell Point. The deceased was found lying face down on a mattress on the floor of her bedroom, with her wrists and ankles tied together. An undergarment had been used to form a wad against her mouth and a pillowcase had been placed over her head. There was tape wound around her mouth, lower jaw and neck. The time of death was not precisely determined, but the immediate cause of death was considered to be smothering and dehydration associated with restraint. In this summary, I have drawn upon the decision of the Court of Criminal Appeal in R v Styman and Taber [2004] NSWCCA 245. To the judgment of that court I shall return shortly. 6 The accused stood trial before Barr J and jury jointly indicted on the following charges: