R v Joshua Veitch [2012] NSWDC 175

R v Joshua Veitch [2012] NSWDC 175

No defined legal issue warranted the grant of a certificate; the issuance of certificate should not be based solely on expediency; caution should be exercised as to not deprive the appellate court of its leave function.

Parties
Prosecution: Director of Public Prosecutions; Accused: Joshua Veitch
Jurisdiction
Australia
Judgment Date
09 May 2012
Procedural Posture
Interlocutory Application / Application for Certificate Under Criminal Appeal Act 1912 Refused
Outcome
Certificate for appeal refused
Legal Topics
Certificate for Appeal, Protected Confider, Production of Documents Under Subpoena, Jurisdiction Under Criminal Appeal Act 1912
Criminal Law Certificate for Appeal Protected Confider Production of Documents Under Subpoena Jurisdiction Under Criminal Appeal Act 1912

Case Brief

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Parties

Director of Public Prosecutions

Prosecution

Joshua Veitch

Accused

Procedural Posture

Interlocutory Application / Application for Certificate Under Criminal Appeal Act 1912 Refused

Legal Issues

  1. 1 Whether a certificate for appeal should be issued under Criminal Appeal Act 1912 s 5F(3AB) to permit an appeal by a complainant (protected confider) against the granting of access to subpoenaed documents

Ratio Decidendi

No defined legal issue warranted the grant of a certificate; the issuance of certificate should not be based solely on expediency; caution should be exercised as to not deprive the appellate court of its leave function.

Court Disposition

Certificate for appeal refused

Orders

  • Application for certificate under Criminal Appeal Act 1912 refused.