R v Biasi [2017] NSWDC 190

R v Biasi [2017] NSWDC 190

Because, in the events that had occurred, s 5B of the Criminal Appeal Act 1912 (NSW) was not properly engaged, and s 5A was also not engaged, the directions for preparation of a draft stated case should not proceed and the order made on 29 May 2017 should be rescinded.

Jurisdiction
Australia
Judgment Date
28 July 2017
Procedural Posture
Criminal / Mention for Filing of a Draft Stated Case Pursuant to Directions Made on 29 May 2017 Under S 5 B of the Criminal Appeal Act 1912 (nsw)
Outcome
Order made 29 May 2017 for preparation by the ODPP of a draft stated case under s 5B of the Criminal Appeal Act 1912 (NSW) rescinded.
Legal Topics
['bench Warrants' 'arrest Warrants' 'legal Effect of Warrant Endorsement' 'stated Case' 'suspended Sentence Breach Call Up']
['criminal Law' 'criminal Procedure' 'bail'] ['bench Warrants' 'arrest Warrants' 'legal Effect of Warrant Endorsement' 'stated Case' 'suspended Sentence Breach Call Up']

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Procedural Posture

Criminal / Mention for Filing of a Draft Stated Case Pursuant to Directions Made on 29 May 2017 Under S 5 B of the Criminal Appeal Act 1912 (nsw)

Legal Issues

  1. 1 ['Whether an endorsement on a warrant that the subject is not to be granted further bail until brought before the District Court has legal effect.' 'Whether s 5B of the Criminal Appeal Act 1912 (NSW) was properly engaged for a draft stated case in the events that occurred.' 'Whether any other mechanism, such as a referred question or stated case under the Uniform Civil Procedure Rules 2005 or declaratory relief in the Supreme Court, could authoritatively determine the issue.']

Ratio Decidendi

Because, in the events that had occurred, s 5B of the Criminal Appeal Act 1912 (NSW) was not properly engaged, and s 5A was also not engaged, the directions for preparation of a draft stated case should not proceed and the order made on 29 May 2017 should be rescinded.

Court Disposition

Order made 29 May 2017 for preparation by the ODPP of a draft stated case under s 5B of the Criminal Appeal Act 1912 (NSW) rescinded.

Orders

  • ['No further action be taken in relation to the stated case foreshadowed on 29 May 2017.' 'The order for the preparation of a draft stated case is rescinded.']