REGINA v PORTER [2004] NSWCCA 32

The legal questions in the Stated Case were inappropriately formulated and could not properly be answered by the court. The case was determined by holding it inappropriate to answer the stated questions due to their formulation and lack of sufficient particularity.

Jurisdiction: Australia
Judgment Date: 20 February 2004
Procedural Posture: Appeal by Way of Case Stated / Court of Criminal Appeal Determination on Question of Law Under S5 B Criminal Appeal Act 1912
Outcome: Question answered 'Inappropriate to answer'.
Legal Topics: ['commonwealth Places (application of Laws) Act 1970' 'section 527 C Crimes Act 1900' 'territorial Nexus' 'jurisdiction' 'costs']

['criminal Law'] ['commonwealth Places (application of Laws) Act 1970' 'section 527 C Crimes Act 1900' 'territorial Nexus' 'jurisdiction' 'costs']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Appeal by Way of Case Stated / Court of Criminal Appeal Determination on Question of Law Under S5 B Criminal Appeal Act 1912

Legal Issues

1 ['Whether s4(1) of the Commonwealth Places (Application of Laws) Act 1970 incorporates s3A of the Crimes Act 1900 into federal law' 'Whether a sufficient territorial nexus with New South Wales is required or established for an offence occurring in a Commonwealth place' 'Whether s527C of Crimes Act requires the stealing or unlawful obtaining to have occurred in New South Wales' "Court's power to rewrite the Stated Case where deficient"]

Ratio Decidendi

Court Disposition

Question answered 'Inappropriate to answer'.

Orders

["Question in the Stated Case is answered 'Inappropriate to answer'." "Appellant to pay half the Respondent's costs."]