PNJ v The Queen

Criminal law – Jurisdiction, practice and procedure - Stay of proceedings - Abuse of process - Applicant convicted of wounding with intent to cause grievous bodily harm and sentenced to 7 years' imprisonment with 4 years' non- parole period - Sentence and non-parole period to commence on date applicant first taken into custody - Victim since deceased - Applicant now charged with murder after serving most of sentence for wounding with intent to cause grievous bodily harm - Generally court must impose mandatory minimum non-parole period of 20 years if convicted - Whether proceedings on information alleging murder should be permanently stayed as abuse of process - Whether administration of justice brought into disrepute - Whether prosecution for murder unjustifiably oppressive - Whether conviction for murder would constitute double punishment for conduct - Whether double punishment to be determined by reference only to non-parole period - Fixing of non-parole period.

Criminal law – Jurisdiction, practice and procedure - Stay of proceedings - Abuse of process - Backdating sentence and non-parole period - Whether any double punishment alleviated or eliminated by exercise of any power to backdate - Whether non-parole period could be backdated to commence at date applicant first taken into custody - Whether "time in custody in respect of an offence" included time spent in custody for wounding with intent to cause grievous bodily harm - Whether backdating commencement of sentence for murder equivalent to ordering service of that sentence concurrently with sentence for wounding - Relevance of legislative intention.

Criminal law – Jurisdiction, practice and procedure - Stay of proceedings - Abuse of process - Court must impose mandatory minimum non-parole period of 20 years unless satisfied that "special reasons" exist for fixing shorter period - Court may have regard to a plea of guilty in deciding whether "special reasons" exist - Whether applicant denied free choice about plea in answer to murder charge, because if convicted on plea of not guilty, applicant subject to mandatory minimum non-parole period, whereas if convicted on guilty plea, applicant can argue "special reasons" exist for fixing shorter non-parole period.

Words and phrases – "special reasons", "time in custody in respect of an offence".

Criminal Law Consolidation Act 1935 (SA) – s 11.

Criminal Law (Sentencing) Act 1988 (SA) – ss 30, 32, 32A.