Section 556(2) of the Crimes Act 1900 (NSW) does not bar criminal prosecution of Table 1 offences under the Criminal Procedure Act 1986 (NSW) merely because civil proceedings were first taken by the complainant, because (a) Table 1 offences proceeding summarily by default unless either party elects are not offences of which the accused 'might have been convicted summarily without consent', and (b) 'information' in s 556(2) means the formal criminal originating process, not the provision of information to police. Voluntary participation in civil proceedings, including giving evidence and making admissions, does not of itself establish the unfairness necessary for a permanent stay of subsequent criminal proceedings.
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