Orr v Cobar Management Pty Ltd [2019] NSWDC 796

Orr v Cobar Management Pty Ltd [2019] NSWDC 796

The Judge was not functus officio and retained jurisdiction to state questions of law to the Court of Criminal Appeal under s 5AE Criminal Appeal Act 1912, as proceedings had not formally completed; only certain proposed questions formulated by the prosecution raise questions of law fit to be stated; other questions sought to relitigate facts or did not raise questions of law.

Parties
Prosecutor: Stephen Orr; Defendant: Cobar Management Pty Ltd
Jurisdiction
Australia
Judgment Date
20 December 2019
Procedural Posture
Criminal / Ruling on Application to State a Case for the Court of Criminal Appeal
Outcome
Prosecutor's application to state certain questions of law granted in part; directions made for engrossment and filing of stated case; remainder of questions refused.
Legal Topics
Stated Case Procedure, Jurisdiction, Reasonable Practicability, Error of Law, Work Health and Safety
Criminal Law Work Health and Safety Stated Case Procedure Jurisdiction Reasonable Practicability Error of Law

Case Brief

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Parties

Stephen Orr

Prosecutor

Cobar Management Pty Ltd

Defendant

Procedural Posture

Criminal / Ruling on Application to State a Case for the Court of Criminal Appeal

Legal Issues

  1. 1 Whether proceedings had been completed for the purpose of s 5AE Criminal Appeal Act 1912; whether the Judge had jurisdiction to state questions of law to the Court of Criminal Appeal; whether certain errors of law occurred in application of legal principles regarding 'reasonably practicable' measures and interpretation of Work Health and Safety Act 2011

Ratio Decidendi

The Judge was not functus officio and retained jurisdiction to state questions of law to the Court of Criminal Appeal under s 5AE Criminal Appeal Act 1912, as proceedings had not formally completed; only certain proposed questions formulated by the prosecution raise questions of law fit to be stated; other questions sought to relitigate facts or did not raise questions of law.

Court Disposition

Prosecutor's application to state certain questions of law granted in part; directions made for engrossment and filing of stated case; remainder of questions refused.

Orders

  • I direct that the prosecutor engross the stated case in the appropriate form for submission to the Court of Criminal Appeal.
  • I direct that the prosecutor provide the stated case to my Associate on or before 5 pm on 7 February 2020.