CJE26 v Regina [2019] NSWCCA 139

CJE26 v Regina [2019] NSWCCA 139

The Court of Criminal Appeal does not have jurisdiction to entertain an application for removal from the Child Protection Register where inclusion follows automatically from conviction for a class 1 or class 2 offence, as this is not an appealable conviction or sentence under the Criminal Appeal Act 1912.

Jurisdiction
Australia
Judgment Date
21 June 2019
Procedural Posture
Criminal Appeal / Application for Extension of Time and Appeal Against Inclusion in Child Protection Register
Outcome
Application dismissed as incompetent
Legal Topics
['child Protection Register' 'reporting Obligations' 'jurisdiction of Appellate Court' 'extension of Time']
['criminal Law'] ['child Protection Register' 'reporting Obligations' 'jurisdiction of Appellate Court' 'extension of Time']

Case Brief

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Procedural Posture

Criminal Appeal / Application for Extension of Time and Appeal Against Inclusion in Child Protection Register

Legal Issues

  1. 1 ['Does the Court of Criminal Appeal have jurisdiction to hear an appeal from inclusion in the Child Protection Register following conviction for a class 1 or class 2 offence?' 'Can the applicant be removed from the Register where inclusion followed automatically from conviction and not a separate court order?']

Ratio Decidendi

The Court of Criminal Appeal does not have jurisdiction to entertain an application for removal from the Child Protection Register where inclusion follows automatically from conviction for a class 1 or class 2 offence, as this is not an appealable conviction or sentence under the Criminal Appeal Act 1912.

Court Disposition

Application dismissed as incompetent

Orders

  • ['Application dismissed as incompetent']