REGINA v. BAYLISS [2001] NSWCCA 520

No sufficient reason was advanced to depart from the usual course requiring the applicant to file and serve affidavits for fresh evidence; direction accordingly given.

Jurisdiction: Australia
Judgment Date: 12 December 2001
Procedural Posture: Criminal Appeal / Interlocutory Direction Prior to Substantive Appeal Hearing
Outcome: Application granted; direction given as to filing and service of affidavits.
Legal Topics: ['appeal Procedure' 'fresh Evidence' 'affidavit Requirements']

['criminal Law'] ['appeal Procedure' 'fresh Evidence' 'affidavit Requirements']

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Procedural Posture

Criminal Appeal / Interlocutory Direction Prior to Substantive Appeal Hearing

Legal Issues

1 ['Whether applicant should be required to file and serve affidavits if relying on fresh evidence in criminal appeal']

Ratio Decidendi

No sufficient reason was advanced to depart from the usual course requiring the applicant to file and serve affidavits for fresh evidence; direction accordingly given.

Court Disposition

Application granted; direction given as to filing and service of affidavits.

Orders

['Applicant, should he wish to rely on fresh evidence, must file and serve affidavits from his witnesses in a timely manner to permit the Crown to know the nature of the case it has to meet.' 'Affidavits to be provided on or before Monday 21 January 2002.']