DIRECTOR OF PUBLIC PROSECUTIONS v SAXON [1992] NSWCA 56
DIRECTOR OF PUBLIC PROSECUTIONS v SAXON SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL MAHONEY PRIESTLEY and CRIPPS JJA 22 June 1992 [1992] NSWCA 56 Mahoney JA This is a matter in which the court, subject to what I shall say, is of the opinion that leave to appeal should be granted. The court does...
Source-derived case information.
- Parties
- Applicant: Director of Public Prosecutions; Respondent: Saxon
- Jurisdiction
- Australia
- Judgment Date
- 22 June 1992
- Procedural Posture
- Criminal / Application for Leave to Appeal Granted
- Outcome
- Leave to appeal granted subject to conditions
Source-derived case record
Summary, issues, holding and outcome
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Parties
Director of Public Prosecutions
Applicant
Saxon
Respondent
Procedural Posture
Criminal / Application for Leave to Appeal Granted
Court Disposition
Leave to appeal granted subject to conditions
Orders
- Leave to appeal granted on condition DPP submits to costs order as directed by Court of Appeal
- Costs of application for leave to appeal to be costs in the appeal
Full Case Text
Judgment text and source record
9 paragraphs
DIRECTOR OF PUBLIC PROSECUTIONS v SAXON
SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL
MAHONEY PRIESTLEY and CRIPPS JJA 22 June 1992
[1992] NSWCA 56
Mahoney JA This is a matter in which the court, subject to what I shall say, is of the opinion that leave to appeal should be granted. The court does not ordinarily give reasons for the grant of leave to appeal. What I shall say is directed to clarifying the position in relation to the proposed appeal.
Leave to appeal will be granted by the court, and is understood to be granted by it, on condition that the Director of Public Prosecutions will submit to such order as to costs of the appeal and the application for leave to appeal as the Court of Appeal may direct and the costs of the application for leave to appeal would be costs in the appeal to that effect.
It will be granted on condition that the Director of Public Prosecutions proceed to the preparation of all papers relevant to the appeal with expedition.
The hearing of the appeal is to be expedited. The parties should consult the Registrar for the fixing of an appropriate date for the hearing of the appeal upon the basis that it will last approximately one hour, that being counsel's estimate of the matter.
It is noted that although the learned judge's judgment at the bottom of page | of the judgment on 28 May 1992 refers to the matter as initially dealt with by him as being a more restricted matter with more restricted issues, the matters that are now in question are placed on a wider basis, the terms of which have been indicated in the transcript.