Buchanan (a pseudonym) v The King [No 2]

[2024] VSCA 50

Victorian Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal
3. › Interlocutory appeal
4. › Refusal of permanent stay
5. › Allegations of sexual offending
6. › Delay
7. › Loss of evidence
8. › Death of witness
9. › Whether leave to appeal should be granted
10. › Criminal Procedure Act 2009 (Vic), s 295(3)(b)
1. Criminal Law
2. › Abuse of process
3. › Permanent stay of proceedings
4. › Delay in prosecution of sexual offences
5. › Loss of evidence
6. › Unavailability of witness due to death
7. › Whether trial unacceptably unfair
8. › Standard of review
9. › Correctness standard
10. › Whether lost evidence contextual or speculative

Quick Take

Following GLJ, the correctness standard applies to permanent stays in delayed sexual offence prosecutions and House v The King error analysis is not required, but the appeal court will independently assess the value of lost evidence from the defence perspective.