Miller v R [2011] NSWCCA 195
The Court lacks jurisdiction to entertain an application for leave to appeal the magistrate's decision made under s 91 Criminal Procedure Act 1986 (NSW); even if jurisdiction existed, leave to appeal would be refused as the application lacks merit and any concerns can be addressed before the trial judge.
- Jurisdiction
- Australia
- Judgment Date
- 10 August 2011
- Procedural Posture
- Criminal Appeal / Application for Leave to Appeal Interlocutory
- Outcome
- Leave to appeal refused; application dismissed
- Legal Topics
- ['application for Leave to Appeal' 'interlocutory Applications' 'committal Proceedings' 'legal Aid' 'jurisdiction Under S 91 Criminal Procedure Act 1986 (nsw)']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Criminal Appeal / Application for Leave to Appeal Interlocutory
Legal Issues
- 1 ["Whether the Court of Criminal Appeal has jurisdiction to entertain an application against a magistrate's decision under s 91 Criminal Procedure Act 1986 (NSW)" 'Whether leave to appeal should be granted out of time' "Whether the applicant's appeal to Legal Aid is bona fide warranting adjournment under s 57 of Legal Aid Commission Act 1979 (NSW)"]
Ratio Decidendi
The Court lacks jurisdiction to entertain an application for leave to appeal the magistrate's decision made under s 91 Criminal Procedure Act 1986 (NSW); even if jurisdiction existed, leave to appeal would be refused as the application lacks merit and any concerns can be addressed before the trial judge.
Court Disposition
Leave to appeal refused; application dismissed
Orders
- ['Leave to appeal refused' 'Application dismissed']
Full Case Text
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