6
BE
PERHAPS THE MOST OBVIOUS EXAMPLE WAS THE TRIVIAL OR "TECHNICAL"
THE
SOON COURTS WOULD OFFENCE NATURE OF
THE PARTICULAR
SUSPECTED HOPELESSLY CLOGGED AND SUFFER INTERMINABLE DELAYS IF EVERY
SUBJECT OF PROSECUTION. IN CRIMINAL OFFENCE WERE AUTOMATICALLY THE OTHER WORDS, WHAT LAWYERS CALLED THE DE MINIMIS PRINCIPLE WAS APPLIED.
IN
THERE WERE NUMEROUS THE CONSIDERING WHETHER
APART FROM THE CHARACTER OF THE OFFENCE,
MIGHT BE RELEVANT OTHER FACTORS THAT PUBLIC INTEREST REQUIRED A PROSECUTION.
AND
OF
"I HAVE REFERRED TO THE STRENGTH OF THE EVIDENCE AND DEGREE
IS THIS A CONVICTION.
PARTICULARLY RELEVANT IF A LIKELIHOOD OF
SUCH EXPENSIVE; IN
A PROSECUTION
CASE THE WOULD BE LONG
PUBLIC INTEREST DOES PROSECUTOR MAY WELL DECIDE THAT THE BALANCE OF
PROSECUTION UNLESS THERE IS SOMETHING MORK NOT FAVOUR A
THAN A
'REASONABLE' PROSPECT OF SUCCESS, HE SAID.
WERE
PRESENCE
THE EXAMPLES OF OTHER FACTORS TO BE CONSIDERED
AGE, PHYSICAL OF MITIGATING OR AGGRAVATING CIRCUMSTANCES; THE YOUTH,
WITNESS; WHETHER THE AND MENTAL HEALTH OF THE ALLEGED OFFENDER OR A
HAND, ALLEGED OFFENDER HAD A CRIMINAL RECORD OR WHETHER, ON THE OTHER
THE HIS REPUTATION;
EFFECT ON PUBLIC A PROSECUTION WOULD DESTROY
THE ALLEGED OFFENDER ORDER AND MORALE; THE DEGREE OF CULPABILITY OF
MIGHT DO TO HIM; AND THE AMOUNT OF HARM WHICH A
THE OFFENCE LIKELY SENTENCE UPON CONVICTION; THE LENGTH OF TIME SINCE THE
THE ATTITUDE OF
COMPLAINANT (IF
THE WAS COMMITTED;
THE AVAILABILITY AND EFFICACY OF ALTERNATIVES TO PROSECUTION AND SO ON.
PROSECUTION
ANY),
RELEVANT FACTORS WOULD
"ANY ATTEMPT AT AN EXHAUSTIVE LIST OF INEVITABLY BE INCOMPLETE.
PUBLIC INTEREST
OF A CASE
IS AN MUST BE
THE CONSIDERING "THE VITAL ISSUE IN
PARTICULAR CIRCUMSTANCES APPRECIATION THAT THE ASSESSED ON ITS INDIVIDUAL MERITS.
ΤΟ RELEVANT PUBLIC "THE APPLICABILITY AND WEIGHT TO BE GIVEN
WEIGHING INTEREST FACTORS VARIES FROM CASE TO CASE AND THE PROCESS OF
EVEN THEM UP GIVES THE PROSECUTOR A WIDE DISCRETION NOT TO PROSECUTE
AS TO MAKE WHERE THE EVIDENCE 18 SUCH
A CONVICTION LIKELY, MR
THOMAS SAID.
SAID TURNING TO THE SELECTION OF CHARGES, THE ATTORNEY GENERAL
CONSTITUTED AN OFFENCE AGAINST THAT IN MANY CASES THE SAME CONDUCT CHARGE
MUST OR CHARGES
BE SEVERAL DIFFERENT LAWS. THE
CHOSEN TO DISCLOSED BY REFLECT THE NATURE AND EXTENT OF THE CRIMINAL CONDUCT
EVENT THE AVAILABLE ADMISSIBLE EVIDENCE AND PROVIDE THE COURT, IN THE OF CONVICTION, WITH AN APPROPRIATE BASIS FOR SENTENCE.
/IN GENERAL,