The decision confirms that where a primary judge refuses a permanent stay of prosecution on the basis that alleged unfairness has not been established and the public interest favours prosecution, an appellate court will not grant leave to appeal unless the decision is attended with sufficient doubt. A costs order made without affording the parties an opportunity to be heard will be vacated on procedural fairness grounds.
The full text is available to signed-in members, including the 16 later cases that cite this judgment.
3 of the 16 citing cases carry a classified treatment. How each court treated it is available to signed-in members.