Regina v Brewer [2000] NSWCCA 488

Regina v Brewer [2000] NSWCCA 488

The applicant failed to establish any error in the exercise of judicial discretion by the trial judge. The considerations taken into account were legitimate and balanced, and no unreasonable result or miscarriage of discretion was demonstrated. Leave to appeal was refused.

Jurisdiction
Australia
Judgment Date
20 November 2000
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Interlocutory Decision
Outcome
Leave to appeal refused
Legal Topics
['change of Venue' 'judicial Discretion' 'pre Trial Publicity' 'fair Trial']
['criminal Law'] ['change of Venue' 'judicial Discretion' 'pre Trial Publicity' 'fair Trial']

Case Brief

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Procedural Posture

Criminal Appeal / Application for Leave to Appeal Interlocutory Decision

Legal Issues

  1. 1 ["Whether the trial judge erred in refusing the application to change the venue from Griffith to Sydney for Mr Brewer's trial" "Whether irrelevant or extraneous matters affected the judge's exercise of discretion" "Whether the judge misapplied the High Court's principles from Glennon (1992) 173 CLR 592" 'Whether the result was unreasonable or plainly unjust and discretion was not properly exercised']

Ratio Decidendi

The applicant failed to establish any error in the exercise of judicial discretion by the trial judge. The considerations taken into account were legitimate and balanced, and no unreasonable result or miscarriage of discretion was demonstrated. Leave to appeal was refused.

Court Disposition

Leave to appeal refused

Orders

  • ['Application for leave to appeal refused' 'Decision of the trial judge (Bell J) affirmed']