Young v County Court of Victoria [2002] VSC 43

[1]

For the reasons which I set out at length in Atlas it is extremely important that the criminal process, once initiated, be permitted to run to its conclusion without interference from a superior Court in which civil process has been initiated, save in the sort of circumstances referred to in the cases to which I have referred. The appeal process exists to ensure that any error made by a primary judge in the course of the criminal process can be corrected in the Court of Appeal. In the instant case, if Mr Young wishes to challenge the correctness of Judge Robertson's ruling on his application to change his plea, or the legality of any sentence imposed by Judge Robertson subsequently, then he can do so in the ordinary way by appeal to the criminal division of the Court of Appeal. Absent exceptional circumstances this Court should not intervene.

[2]

If, as appears to have been the case, Mr Young was able to have his sentencing by the County Court adjourned to enable this proceeding to be completed, such adjournment should not have been granted. The criminal process should not have been interrupted. It should now proceed to a conclusion without further interruption.

[3]

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