Full Court Minute Books

Case B19/2011

Moti v. The Queen

Case No.


Case Information

Lower Court Judgment

16/07/2010 Supreme Court of Queensland (Holmes, Muir and Fraser JJA)

[2010] QCA 178


Criminal law — Procedure — Stay of proceedings — Abuse of process — Indictment charging applicant with seven counts of engaging in sexual intercourse with person under 16 whilst outside Australia stayed by primary judge — Where primary judge found financial support given to witnesses by Australian Federal Police an abuse of process — Whether open to conclude that prosecution based on evidence of witnesses paid by Australian Executive, in amounts alleged to exceed expenses of giving evidence and in response to alleged threats to withdraw from prosecution, an abuse of process — Whether stay of proceedings should be set aside.

Criminal law — Procedure — Stay of proceedings — Abuse of process — Where applicant deported from Solomon Islands to Australia without extradition proceedings and allegedly with "knowledge and connivance or involvement" of Australian Executive — Where applicant previously charged with similar offences in Vanuatu but discharged — Where applicant contended removal from Solomon Islands a disguised extradition and criminal investigation politically motivated — Whether principle in R v Horseferry Magistrates' Court; Ex Parte Bennett (No 1) [1994] 1 AC 42 should be applied in Australia — Whether discretion to stay proceedings as abuse of process in light of facts and applicant's allegations ought to be exercised.

Short Particulars


08/04/2011 Hearing (SLA, Sydney)

20/04/2011 Notice of appeal

06/05/2011 Written submissions (Appellant)

06/05/2011 Chronology

06/06/2011 Written submissions (Respondent)

06/06/2011 Chronology (Respondent)

14/06/2011 Reply

03/08/2011 Hearing (Full Court, Canberra)

04/08/2011 Hearing (Full Court, Canberra)

07/12/2011 Judgment  (Judgment summary)