J v Police - [1996] 1 NZLR 195

Criminal practice and procedure — Sexual offences — Lengthy delay between alleged commission of offences and trial — Application for a stay of proceedings — Whether delay amounted to abuse of process so as to preclude a fair trial — Whether apparent merits of prosecution and defence cases might be taken into consideration — Observation as to the discretion of Court at conclusion of Crown case to withdraw case from jury and to stay proceedings — Observations as to whether appropriate to lay alternative charges of unlawful sexual intercourse and indecent assault under 1908 legislation to charge of sexual violation by rape under Crimes Act 1961 — Crimes Act 1961, s 347.