R v Rogowski-Dann [2019] NSWDC 638

District Court New South Wales

Medium Neutral Citation: R v Rogowski-Dann [2019] NSWDC 638 Hearing dates: 6 - 7 August 2019 Decision date: 07 August 2019 Jurisdiction: Criminal Before: Norrish QC DCJ Decision: I decline to make the order sought by the accused Catchwords: CRIME – Trial - notice of motion for stay of proceedings until cost of previous trial are paid – "Mosely" order - jury discharged after officer in charge gave evidence that raised matters of prejudice – trial judge considered this could not be cured by direction Cases Cited: Dietrich v The Queen (1992) 177 CLR 292, Hufnagl v DPP (Cth) (2007) NSWDC 130 Jaygo v the District Court of New South Wales [1989] 168 CLR 23) Le v Attorney General of New South Wales (2017) NSWCCA 27 Petroulias v R (2007) NSWCCA 154 R v Fisher (2003) 183 A Crim R 318). R v Mosely (1992) 28 NSWLR 735 R v Selim (2007) NSWSC 154 Category: Procedural and other rulings Parties: Regina (Crown) Mr Jacob Rogowski-Dann (accused) Representation: Counsel: Ms Talbert (Crown) Mr Rajalingam (accused/applicant) File Number(s): 2017/00262289 Publication restriction: No

Judgment 1. In relation to the matter of Rogowski‑Dann, I decline to make the orders sought by the applicant and I will give my reasons now. Application is made by notice of motion, filed on behalf of the applicant Jacob Rogowski‑Dann, for a stay of proceedings related to a trial that is listed to commence on 19 August 2019.