Dupas v The Queen

[2010] HCA 20
Judgment date
Case number
M20/2010
Before
French CJ, Gummow, Hayne, Heydon, Crennan, Kiefel, Bell JJ
Catchwords

Criminal law – Permanent stay of proceedings - Accused presented on charge of murder - Extensive pre-trial publicity about charge and accused's two previous convictions for murder - Whether irremediable prejudice to a fair trial justifying permanent stay of proceedings - Whether apprehended unfair consequences of pre-trial publicity were capable of being relieved against by trial judge, during trial, by thorough and appropriate directions to jury - Public interest consideration that an accused be brought to trial.

Words and phrases – "fair trial", "permanent stay of proceedings".

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