R v Adamson [2005] NSWCCA 7

R v Adamson [2005] NSWCCA 7

The court held that the District Court's indication regarding the unavailability of the intoxication defence under s 428C was not a judgment or order with the finality required under s 5F of the Criminal Appeal Act 1912, and thus the application for leave to appeal was dismissed.

Jurisdiction
Australia
Judgment Date
31 January 2005
Procedural Posture
Criminal / Application for Leave to Appeal
Outcome
Application for leave dismissed
Legal Topics
['appeal' 'interlocutory Judgment' 'intoxication Defence' 'specific Intent Offences']
['criminal Law'] ['appeal' 'interlocutory Judgment' 'intoxication Defence' 'specific Intent Offences']

Case Brief

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Procedural Posture

Criminal / Application for Leave to Appeal

Legal Issues

  1. 1 ['Whether a ruling on the availability of intoxication as a defence is an interlocutory judgment or order appealable under s 5F of the Criminal Appeal Act 1912']

Ratio Decidendi

The court held that the District Court's indication regarding the unavailability of the intoxication defence under s 428C was not a judgment or order with the finality required under s 5F of the Criminal Appeal Act 1912, and thus the application for leave to appeal was dismissed.

Court Disposition

Application for leave dismissed

Orders

  • ['Application for leave to appeal dismissed']