AF v R [2015] NSWCCA 35

AF v R [2015] NSWCCA 35

The decision permitting evidence by way of pre-recorded interview was not an interlocutory judgment or order for the purposes of s 5F(3) Criminal Appeal Act; the ruling lacked finality, was procedural, and appeal was therefore incompetent.

Jurisdiction
Australia
Judgment Date
16 March 2015
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Interlocutory Judgment/order
Outcome
Leave to appeal refused
Legal Topics
['appeals' 'evidence of Vulnerable Persons' 'interlocutory Orders']
['criminal Law'] ['appeals' 'evidence of Vulnerable Persons' 'interlocutory Orders']

Case Brief

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Procedural Posture

Criminal Appeal / Application for Leave to Appeal Interlocutory Judgment/order

Legal Issues

  1. 1 ['Whether the decision permitting evidence by pre-recorded interview was an interlocutory judgment or order per s 5F(3) Criminal Appeal Act 1912 (NSW)' 'Whether the District Court Judge erred in applying provisions of the Criminal Procedure Act for vulnerable persons' 'Whether the rulings affected the interests of justice and the admissibility of evidence']

Ratio Decidendi

The decision permitting evidence by way of pre-recorded interview was not an interlocutory judgment or order for the purposes of s 5F(3) Criminal Appeal Act; the ruling lacked finality, was procedural, and appeal was therefore incompetent.

Court Disposition

Leave to appeal refused

Orders

  • ['Leave to appeal pursuant to s 5F(3) refused']