R v Vincent [2002] NSWCCA 110

R v Vincent [2002] NSWCCA 110

The District Court order "I discharge the accused", made after the accused successfully invoked a plea of autrefois acquit or a plea in the nature of autrefois acquit, amounted in substance to an acquittal. Because an acquittal is a final order and s 5F of the Criminal Appeal Act 1912 (NSW) applies only to interlocutory orders, and no other statutory source of jurisdiction was relied on, the Court of Criminal Appeal had no jurisdiction to entertain the Crown appeal.

Jurisdiction
Australia
Judgment Date
02 April 2002
Procedural Posture
Crown Appeal in Criminal Proceedings / Appeal to the New South Wales Court of Criminal Appeal From a District Court Order Discharging the Accused
Outcome
Appeal dismissed for want of jurisdiction.
Legal Topics
['criminal Appeal Act 1912 (nsw) S 5 F' 'interlocutory Judgment or Order' 'final Order' 'discharge of Accused' 'acquittal' 'autrefois Acquit']
['criminal Law' 'criminal Procedure' 'appellate Jurisdiction'] ['criminal Appeal Act 1912 (nsw) S 5 F' 'interlocutory Judgment or Order' 'final Order' 'discharge of Accused' 'acquittal' 'autrefois Acquit']

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Procedural Posture

Crown Appeal in Criminal Proceedings / Appeal to the New South Wales Court of Criminal Appeal From a District Court Order Discharging the Accused

Legal Issues

  1. 1 ['Whether the Court of Criminal Appeal had jurisdiction under s 5F of the Criminal Appeal Act 1912 (NSW) to hear the Crown appeal.' 'Whether the District Court order expressed as "I discharge the accused" was an interlocutory order or a final order amounting to an acquittal.']

Ratio Decidendi

The District Court order "I discharge the accused", made after the accused successfully invoked a plea of autrefois acquit or a plea in the nature of autrefois acquit, amounted in substance to an acquittal. Because an acquittal is a final order and s 5F of the Criminal Appeal Act 1912 (NSW) applies only to interlocutory orders, and no other statutory source of jurisdiction was relied on, the Court of Criminal Appeal had no jurisdiction to entertain the Crown appeal.

Court Disposition

Appeal dismissed for want of jurisdiction.

Orders

  • ['The appeal is dismissed.']