The entry of a nolle prosequi in respect of earlier charges for the same offences does not create a new or special category of abuse of process; it is merely one factor in the overall assessment of whether fresh proceedings constitute an abuse of process. A trial judge is not required to address in reasons a defence theory that was not put to the relevant witnesses in cross-examination or clearly advanced in closing submissions. The court synthesised ten general principles governing abuse of process applications where a nolle prosequi has been entered.
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