DJF v R [2011] NSWCCA 228

DJF v R [2011] NSWCCA 228

Leave to appeal under section 5F should not be granted unless it is clear that injustice will otherwise result; in this case, any risk of unfairness due to the amendment is speculative and manageable during trial, with recourse to appeal after conviction if unfairness occurs.

Parties
Appellant: DJF; Respondent: Regina
Jurisdiction
Australia
Judgment Date
07 October 2011
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Interlocutory Order
Outcome
Leave to appeal is refused
Legal Topics
Interlocutory Appeals, Indictment Amendment, Unfairness, Jurisdiction of Appellate Court
Criminal Law Interlocutory Appeals Indictment Amendment Unfairness Jurisdiction of Appellate Court

Case Brief

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Parties

DJF

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Interlocutory Order

Legal Issues

  1. 1 Whether leave should be granted to appeal an interlocutory order permitting amendment of indictment dates under s 5F of the Criminal Appeal Act 1912
  2. 2 Whether the enlargement of dates in the indictment gives rise to unfairness warranting the Court's intervention

Ratio Decidendi

Leave to appeal under section 5F should not be granted unless it is clear that injustice will otherwise result; in this case, any risk of unfairness due to the amendment is speculative and manageable during trial, with recourse to appeal after conviction if unfairness occurs.

Court Disposition

Leave to appeal is refused

Orders

  • Leave to appeal be refused
  • Non-publication order: the name of the applicant not be published and he not be identified in any way