Ballard (a pseudonym) v The King

[2024] VSCA 26

Victorian Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Interlocutory appeal
3. › Permanent stay of proceedings
4. › Abuse of process
5. › Retrial after jury discharged without verdict
6. › Whether retrial unfairly oppressive
7. › Whether forensic disadvantage from prior acquittals renders trial necessarily unfair
8. › Criminal Procedure Act 2009 (Vic), ss 295(3), 297(1), 379(b)(i)
1. Appeal
2. › Standard of appellate review
3. › Review of decision to grant or refuse permanent stay
4. › Whether discretionary or evaluative decision
5. › Correctness standard
6. › Whether House v The King principles apply
7. › GLJ v Trustees of the Roman Catholic Church for the Diocese of Lismore (2023) 97 ALJR 857

Quick Take

Following GLJ, appellate review of permanent stay decisions in Victoria now applies the Warren v Coombes correctness standard rather than the House v The King discretionary standard, and forensic disadvantage arising from prior acquittals that is a matter of defence choice will not support a permanent stay.

Case Details

Citation[2024] VSCA 26

CourtVSCA

JurisdictionVictoria

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Cited by11

2026Rowan (a pseudonym) v The KingVSCA 44
2026Glascott v The KingVSCA 42
2025Mokbel v The KingVSCA 243
2025Canning (a pseudonym) v The KingVSCA 215
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