The fact of an unauthorised compulsory examination of a charged person about the subject matter of the charges does not, on its own, compel a permanent stay of criminal proceedings. An applicant must still identify both the fundamental defect and its unfair consequences, and demonstrate that the trial judge cannot relieve against those consequences. Practical unfairness from the examination can be assessed by applying under s 25A(10) of the ACC Act to release the examination content to the judge hearing the stay application.
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