WALTER A LEVINGE (ALSO KNOWN AS RICARDO LESSUR-MILLAR) v THE ATTORNEY GENERAL IN AND FOR THE STATE OF NEW SOUTH WALES [1988] NSWCA 83

WALTER A LEVINGE (ALSO KNOWN AS RICARDO LESSUR-MILLAR) v THE ATTORNEY GENERAL IN AND FOR THE STATE OF NEW SOUTH WALES [1988] NSWCA 83

Applications for permanent stay of proceedings on grounds of abuse of process in criminal matters must be made to the relevant trial court (the District Court) in the first instance, not to the Court of Appeal. The allegations concerning the applicant's extradition had already been litigated and rejected; no new basis was shown for relief. The application was therefore dismissed.

Parties
Claimant: Walter A Levinge (also known as Ricardo Lessur-Millar); Opponent: The Attorney General in and for the State of New South Wales; Opponent: Third opponent
Jurisdiction
Australia
Judgment Date
09 June 1988
Procedural Posture
Criminal / Application for Permanent Stay of Proceedings (pre Trial Appeal)
Outcome
Appeal dismissed
Legal Topics
Permanent Stay of Proceedings, Abuse of Process, Extradition, Jurisdiction, Writ of Habeas Corpus
Criminal Law Procedure Permanent Stay of Proceedings Abuse of Process Extradition Jurisdiction Writ of Habeas Corpus

Case Brief

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Parties

Walter A Levinge (also known as Ricardo Lessur-Millar)

Claimant

The Attorney General in and for the State of New South Wales

Opponent

Third opponent

Opponent

Procedural Posture

Criminal / Application for Permanent Stay of Proceedings (pre Trial Appeal)

Legal Issues

  1. 1 Whether the Court of Appeal should grant a permanent stay of District Court proceedings on grounds of abuse of process
  2. 2 Whether the legality of the applicant's extradition is a basis for a stay or release
  3. 3 Appropriate court to hear application for stay

Ratio Decidendi

Applications for permanent stay of proceedings on grounds of abuse of process in criminal matters must be made to the relevant trial court (the District Court) in the first instance, not to the Court of Appeal. The allegations concerning the applicant's extradition had already been litigated and rejected; no new basis was shown for relief. The application was therefore dismissed.

Court Disposition

Appeal dismissed

Orders

  • The proceedings are dismissed.
  • No order as to costs.