R J P v The Queen

[2014] VSCA 290

Victorian Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sexual offences
3. › Particularisation of charges
4. › Whether complainant's evidence described single identifiable occasion or conglomeration of events
5. › Whether charges sufficiently particularised
6. › Crimes Act 1958 (Vic), ss 44(1), 47(2)
1. Criminal Law
2. › Abuse of process
3. › Permanent stay of proceedings
4. › Whether continuation of charges constituted abuse of process due to insufficient particularisation
5. › Whether potential unfairness capable of amelioration by jury directions
1. Criminal Law
2. › Interlocutory appeal
3. › Application for leave to appeal
4. › Refusal of permanent stay of charges
5. › Criminal Procedure Act 2009 (Vic), ss 295(3), 297(1)

Quick Take

Where a complainant's evidence, read fairly and as a whole, is capable of supporting a finding that she had a distinct recollection of a particular occasion on which charged sexual acts occurred, the charges are sufficiently particularised and a permanent stay for abuse of process will not be granted. Any potential unfairness arising from the possibility that the evidence represents a 'conglomeration' of events is capable of amelioration by appropriate jury directions.