EK v R [2009] NSWCCA 4

EK v R [2009] NSWCCA 4

The District Court's ruling was on the admissibility of evidence and not an interlocutory judgment or order; therefore, the appeal under s.5F Criminal Appeal Act 1912 is incompetent.

Parties
Appellant: EK; Respondent: Regina
Jurisdiction
Australia
Judgment Date
05 February 2009
Procedural Posture
Criminal Appeal / Appeal Against District Court Ruling
Outcome
Appeal dismissed as incompetent
Legal Topics
Appeals, Admissibility of Evidence, Mental Health Procedure, Special Hearing, Interlocutory Judgments
Criminal Law Appeals Admissibility of Evidence Mental Health Procedure Special Hearing Interlocutory Judgments

Case Brief

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Parties

EK

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Appeal Against District Court Ruling

Legal Issues

  1. 1 Whether the District Court ruling allowing tender of audio-visual evidence under s.306I Criminal Procedure Act 1986 in a special hearing is an interlocutory judgment or order susceptible to appeal under s.5F Criminal Appeal Act 1912
  2. 2 Whether s.306I Criminal Procedure Act 1986 applies to special hearings under the Mental Health (Criminal Procedure) Act 1990

Ratio Decidendi

The District Court's ruling was on the admissibility of evidence and not an interlocutory judgment or order; therefore, the appeal under s.5F Criminal Appeal Act 1912 is incompetent.

Court Disposition

Appeal dismissed as incompetent

Orders

  • Appeal dismissed as incompetent