Moti v The Queen: Further prosecution would be an abuse of process

The High Court has allowed the appeal in Moti v The Queen [2011] HCA 50 ruling that allowing further prosecution of Julian Moti staying criminal proceedings against on the basis that further prosecution would be abuse of process.

The court found that Mr Motti was illegally deported to Australia and because of the role Australian officials played in deporting him, it would be an abuse of process to allow the prosecution to continue.

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