For the purpose of assessing unreasonable delay under s 25(2)(c) of the Victorian Charter, time runs from when a person is served with a summons or arrest warrant, not from the date of offending or complaint. Pre-charge delay is not relevant to the s 25(2)(c) right. The loss of eligibility for the Children's Court due to delay in charging does not, of itself, constitute an abuse of process warranting a permanent stay, particularly where age-sensitive sentencing options remain available in the adult court. The question of whether s 17(2) of the Charter is engaged where the offender was a child at the time of offending but an adult when charged was left unresolved, with Tate JA (Maxwell P agreeing) holding it was engaged and Beach JA holding it was not.
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