KOCER v REGINA [2006] NSWCCA 328

KOCER v REGINA [2006] NSWCCA 328

The applicant's appeal and stated case are incompetent because a ruling on the admissibility of evidence is not an interlocutory judgment or order for the purposes of s.5F(3) of the Criminal Appeal Act 1912 (NSW), and the stated case procedure under s.5B is not available in these circumstances. The legislative intent and relevant authorities preclude the applicant's approach.

Parties
Appellant: Ali Kocer; Respondent: Regina
Jurisdiction
Australia
Judgment Date
22 September 2006
Procedural Posture
Criminal Appeal / Appeal From Interlocutory Ruling and Stated Case
Outcome
Appeal and stated case dismissed
Legal Topics
Admissibility of Evidence, Interlocutory Appeals, Competency of Appeal
Criminal Law Admissibility of Evidence Interlocutory Appeals Competency of Appeal

Case Brief

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Parties

Ali Kocer

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Appeal From Interlocutory Ruling and Stated Case

Legal Issues

  1. 1 Whether the appeal against a determination on the admissibility of evidence is competent under s.5F Criminal Appeal Act 1912 (NSW)
  2. 2 Whether the stated case procedure is available in these circumstances

Ratio Decidendi

The applicant's appeal and stated case are incompetent because a ruling on the admissibility of evidence is not an interlocutory judgment or order for the purposes of s.5F(3) of the Criminal Appeal Act 1912 (NSW), and the stated case procedure under s.5B is not available in these circumstances. The legislative intent and relevant authorities preclude the applicant's approach.

Court Disposition

Appeal and stated case dismissed

Orders

  • The appeal is dismissed.
  • The stated case is dismissed.