R v Edwards

HIGH COURT OF AUSTRALIAHAYNE, HEYDON, CRENNAN, KIEFEL AND BELL JJTHE QUEEN  APPELLANTANDPETER MAXWELL EDWARDS AND ANOR   RESPONDENTSThe Queen v Edwards[2009] HCA 2021 May 2009H4/2008ORDER1.Appeal allowed.2.Set aside paragraph 1 of the orders of the Supreme Court of Tasmania entered on 16 May 2008 and, in its place, order that the application for a permanent stay of proceedings on the indictment be dismissed.On appeal from the Supreme Court of TasmaniaRepresentationW J Abraham QC with I M Arendt for the appellant (instructed by Director of Public Prosecutions (Cth))B W Walker SC with J M Morris and B A P Kelleher for the respondents (instructed by Deacons Lawyers)Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSThe Queen v EdwardsCriminal law – Practice and procedure – Permanent stay of proceedings on indictment – Threshold for grant of permanent stay – Respondents charged with reckless operation of aircraft – Electronic records of event giving rise to charge overwritten – Delay in prosecuting offences – Whether combination of delay and lost evidence justified grant of permanent stay. HAYNE, HEYDON, CRENNAN, KIEFEL AND BELL JJ.   The Supreme Court of Tasmania (Slicer J) ordered that proceedings on an indictment which charged the respondents with the reckless operation of an aircraft be stayed.  The Court's reasons were delivered on 28 April 2008, the primary judge holding that a "stay of proceedings ought to be granted".[1]  The order which was entered on 16 May 2008 is recorded as...