Adam Robert BELL v R [2007] NSWCCA 369

Adam Robert BELL v R [2007] NSWCCA 369

The appeal was incompetent because the only outstanding sentences related to further offences adjourned to the Drug Court not for determination under Pt 2 of the Drug Court Act 1998, but for summary disposal under the Local Court jurisdiction conferred by s24; therefore s5AF of the Criminal Appeal Act 1912 did not give the Court of Criminal Appeal jurisdiction to deal with those sentences.

Jurisdiction
Australia
Judgment Date
07 December 2007
Procedural Posture
Criminal Appeal From Drug Court Sentences / Appeal to the Court of Criminal Appeal; Appeal Dismissed
Outcome
Appeal dismissed.
Legal Topics
['appeal From Drug Court Sentences' 'jurisdiction of the Court of Criminal Appeal' 'drug Court Program' 'summary Jurisdiction']
['criminal Law' 'sentencing' 'criminal Procedure'] ['appeal From Drug Court Sentences' 'jurisdiction of the Court of Criminal Appeal' 'drug Court Program' 'summary Jurisdiction']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Appeal From Drug Court Sentences / Appeal to the Court of Criminal Appeal; Appeal Dismissed

Legal Issues

  1. 1 ['Whether the Court of Criminal Appeal had jurisdiction to entertain an appeal from outstanding sentences imposed by the Drug Court for summary matters or indictable matters dealt with summarily.' 'Whether the outstanding sentences were imposed by the Drug Court in the exercise of jurisdiction under Pt 2 of the Drug Court Act 1998 so as to engage s5AF of the Criminal Appeal Act 1912.']

Ratio Decidendi

The appeal was incompetent because the only outstanding sentences related to further offences adjourned to the Drug Court not for determination under Pt 2 of the Drug Court Act 1998, but for summary disposal under the Local Court jurisdiction conferred by s24; therefore s5AF of the Criminal Appeal Act 1912 did not give the Court of Criminal Appeal jurisdiction to deal with those sentences.

Court Disposition

Appeal dismissed.

Orders

  • ['The appeal is dismissed.']