McGee v R [2024] NSWDC 125

McGee v R [2024] NSWDC 125

There is no jurisdiction for the District Court to entertain an appeal under section 11A of the Crimes (Appeal and Review) Act 2001 (NSW) from the Local Court’s refusal to grant leave for a second annulment application because the statutory right of appeal requires that leave for the further application be granted; absence of leave precludes there being any valid 'application under section 4' to refuse, and thus no basis for appeal exists.

Jurisdiction
Australia
Judgment Date
27 March 2024
Procedural Posture
Criminal / Application for Leave to Appeal—district Court (nsw)
Outcome
Application for leave to appeal dismissed for lack of jurisdiction.
Legal Topics
['annulment of Conviction' 'jurisdiction of District Court on Appeal' 'requirement for Leave for Second Annulment Application' 'appeals as Creatures of Statute']
['criminal Law' 'statutory Interpretation'] ['annulment of Conviction' 'jurisdiction of District Court on Appeal' 'requirement for Leave for Second Annulment Application' 'appeals as Creatures of Statute']

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Procedural Posture

Criminal / Application for Leave to Appeal—district Court (nsw)

Legal Issues

  1. 1 ['Whether the District Court has jurisdiction to entertain an appeal from a Local Court refusal to grant leave for a second annulment application under section 11A of the Crimes (Appeal and Review) Act 2001 (NSW)']

Ratio Decidendi

There is no jurisdiction for the District Court to entertain an appeal under section 11A of the Crimes (Appeal and Review) Act 2001 (NSW) from the Local Court’s refusal to grant leave for a second annulment application because the statutory right of appeal requires that leave for the further application be granted; absence of leave precludes there being any valid 'application under section 4' to refuse, and thus no basis for appeal exists.

Court Disposition

Application for leave to appeal dismissed for lack of jurisdiction.

Orders

  • ['Application for leave to appeal is dismissed.']