Michael v Regina [2012] NSWCCA 164

Michael v Regina [2012] NSWCCA 164

There was no interlocutory judgment or order as required under s 5F of the Criminal Appeal Act 1912 arising from either a failure to comply with s 89 of the Criminal Procedure Act 1986 or the committal of the accused for trial; thus, leave to appeal could not be granted.

Jurisdiction
Australia
Judgment Date
09 August 2012
Procedural Posture
Criminal / Application for Leave to Appeal
Outcome
Application for leave to appeal dismissed
Legal Topics
['intending to Pervert the Course of Justice' 'committal Proceedings' 'interlocutory Judgment or Order' 'self Represented Accused' 'statutory Construction']
['criminal Law'] ['intending to Pervert the Course of Justice' 'committal Proceedings' 'interlocutory Judgment or Order' 'self Represented Accused' 'statutory Construction']

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Procedural Posture

Criminal / Application for Leave to Appeal

Legal Issues

  1. 1 ["Whether the magistrate's decision constituted an interlocutory judgment or order under Criminal Appeal Act 1912, s 5F" 'Whether the magistrate failed to comply with Criminal Procedure Act 1986, s 89, by not explaining rights to an unrepresented accused' 'Whether such a failure rendered the evidence inadmissible and the committal invalid']

Ratio Decidendi

There was no interlocutory judgment or order as required under s 5F of the Criminal Appeal Act 1912 arising from either a failure to comply with s 89 of the Criminal Procedure Act 1986 or the committal of the accused for trial; thus, leave to appeal could not be granted.

Court Disposition

Application for leave to appeal dismissed

Orders

  • []