NSW Caselaw
New South Wales Supreme Court
CITATION : R v Carle [2010] NSWSC 871
HEARING DATE(S) : 28/07/2010, 29/07/2010
JUDGMENT DATE : 30 August 2010
JUDGMENT OF : Buddin J
DECISION : The application for orders that the proceedings against the applicant be temporarily stayed and that his trial be vacated is refused.
CATCHWORDS : CRIMINAL LAW - application for temporary stay - applicant and another person accused of murder and wounding with intent to murder - Crown case is that both offences committed by only one person - Crown case is that the two accused were not acting in concert - some evidence implicates only one of the two accused whilst other evidence implicates only the other accused - Crown elects to try the two accused separately - challenge to Crown's election to try the applicant first - whether election constitutes an abuse of process
LEGISLATION CITED : Evidence Act 1995
CATEGORY : Procedural and other rulings
Kirk v The Industrial Relations Commission of NSW (2009)) 239 CLR 53 Maxwell v The Queen (1995) 184 CLR 501 MG v R [2007] NSWCCA 57 CASES CITED : R v Bellman [1989] 1 AC 836 R v Brown [1989] 17 NSWLR 472 R v Maharaj NSWCCA unreported 1 May 1998 R v Mohan [1967] 2 AC 187 Re K [2002] NSWCCA 374
PARTIES : Regina Bruno Carle
FILE NUMBER(S) : SC 2009/68932
COUNSEL : T Thorpe (Crown) S Hanley (Accused)
SOLICITORS : S Kavanagh (Solicitor for Public Prosecutions) (Crown) Jack Rigg Solicitors
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
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