Newell (a pseudonym) v The King

[2025] VSCA 160

Victorian Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal
3. › Interlocutory appeal
4. › Permanent stay of indictment
5. › Child sexual offences
6. › Delay between alleged offending and proceedings
7. › Whether incurable forensic disadvantage resulting from delay
8. › Whether deceased witness akin to alibi witness
9. › Whether lost evidence merely contextual and speculative
10. › Whether unfairness capable of amelioration by jury direction
11. › Criminal Procedure Act 2009 (Vic), s 295
12. › Jury Directions Act 2015 (Vic), ss 39, 47E, 52
1. Criminal Law
2. › Practice and procedure
3. › Permanent stay of proceedings
4. › Abuse of process
5. › Delay
6. › Distinction between loss of evidence and loss of opportunity to obtain evidence
7. › Distinction between contextual evidence and alibi evidence

Quick Take

The death of a complainant's parent who might have given evidence about the circumstances in which the complainant visited the accused does not constitute the loss of alibi evidence sufficient to warrant a permanent stay; such evidence is contextual and speculative where other family members can give evidence on the same matters.