Fed: High Court says not unfair for man to face murder trial

AAP General News (Australia)
02-10-2009
Fed: High Court says not unfair for man to face murder trial

CANBERRA, Feb 10 AAP - The High Court has ruled it is not unfair for a man to be charged
with murder even though he is already serving a prison sentence for the lesser offence
of wounding.

In a unanimous decision, five High Court judges ruled that a prosecution for murder
would not bring the administration of justice into disrepute and it would not be unjustifiably
oppressive.

Neither the victim or defendant were named in the decision, with the alleged murderer
referred to only as PNJ and the dead man as H.

In September 2002 in South Australia, PNJ stabbed H in the temple with a knife, inflicting
brain damage and serious disability.

PNJ was arrested and at trial in 2003 was acquitted of attempted murder, but convicted
of wounding with intent to cause grievous bodily harm.

He was sentenced to seven years jail with a four-year non-parole period.

H died in 2004, allegedly as a result of the injuries received in the 2002 attack,
and PNJ was charged with murder in January 2006.

PNJ faced two big problems.

The old year-and-a-day rule, which once fixed a temporal limit to criminal responsibility
for murder, had been abolished in South Australia in 1991.

As well, 2007 amendments to sentencing law set a minimum 20-year jail term for murder.

PNJ, whose murder trial has yet to start, sought a permanent stay of the case, arguing
he faced double punishment.

The South Australian Supreme Court dismissed his appeal and he applied to the High
Court for special leave to appeal.

Five judges on Tuesday refused special leave, ruling that were PNJ convicted of murder,
the judge could impose a sentence that took into account time already served in prison.

"Further prosecution of the charge is not unjustifiably oppressive to the applicant,
would not bring the administration of justice into disrepute and is not otherwise an abuse
of process," they said.

AAP mb/rl/maur

KEYWORD: STAB

2009 AAP Information Services Pty Limited (AAP) or its Licensors.