A court of petty sessions in Tasmania may dismiss a complaint where proceeding would be unfair, but cannot grant a stay. Where delay is substantially caused by the defendant's own failure to appear, the extreme remedy of dismissal will rarely be warranted even where the defendant has suffered supervening prejudice such as memory loss. However, where delay is entirely attributable to the prosecution, long delay coupled with substantial prejudice may require dismissal. Factual issues on a plea under s 74A(5)(c) should be determined on sworn evidence.
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