NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: R v Jason Craig LANG [2008] NSWCCA 41 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 10 December 2007
JUDGMENT DATE: 4 March 2008
JUDGMENT OF: Grove J at 1; Simpson J at 3; Barr J at 21
DECISION: Crown appeal allowed. Order of Toner DCJ staying prosecution on the alternative count quashed.
CATCHWORDS: CRIMINAL LAW – Crown appeal against stay of proceedings on alternative charge on indictment – whether doctrine of double jeopardy attaches to formulation of charges in the alternative – elements and facts of each count not identical – no element of double jeopardy
LEGISLATION CITED: Criminal Appeal Act 1912
CATEGORY: Principal judgment
AJS v The Queen [2007] HCA 27; 81 ALJR 1208 Green v United States (1957) 355 US 184 CASES CITED : Island Maritime Ltd v Filipowski; Kulkarni v Filipowski [2006] HCA 30; 226 CLR 328 Pearce v The Queen [1998] HCA 57; 194 CLR 610 Stanford v R [2007] NSWCCA 370
PARTIES: Regina (Applicant) Jason Craig Lang (Respondent)
FILE NUMBER(S): CCA 2007/3930
COUNSEL: D Frearson SC (Applicant) J Stratton SC/S Robson (Respondent)
SOLICITORS: S Kavanagh - Solicitor for Public Prosecutions (Applicant) S O'Connor - Legal Aid Commission (Respondent)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 06/61/0055
LOWER COURT JUDICIAL OFFICER: Toner DCJ
LOWER COURT DATE OF DECISION: 8 August 2007
IN THE COURT OF CRIMINAL APPEAL CCA 2007/3930
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