Criminal law - summary prosecutions - destroyed evidence - power to stay proceedings - necessary criteria for exercise of power - applicability in New South Wales of decision in Commonwealth Service Delivery Agency v. Bourke - availability of remedies other than stay - availability of acquittal - Bourke not decisive in New South Wales of when a stay should be granted.
Acts Cited:
Justice Act 1902
Social Security Act 1991
Case Details
Citation[2001] NSWSC 376
CourtNSWSC
JurisdictionNew South Wales
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