Hall v R [2015] NSWCCA 298

Hall v R [2015] NSWCCA 298

The application for leave to appeal was incompetent because the Magistrate's ruling granting leave under s.263(2) Criminal Procedure Act 1986 was not made in committal proceedings and no committal proceedings had commenced in respect of the matters. Accordingly, the Applicant could not bring the application within s.5F Criminal Appeal Act 1912. Johnson J also indicated that, if necessary, he would have concluded that the decision was not an interlocutory order for the purposes of s.5F.

Jurisdiction
Australia
Judgment Date
30 November 2015
Procedural Posture
Criminal Application for Leave to Appeal Under S.5 F Criminal Appeal Act 1912 Against a Local Court Decision Granting Leave Under S.263(2) Criminal Procedure Act 1986 to Elect Out of Time to Have Offences Dealt With on Indictment / Application for Leave to Appeal in the Court of Criminal Appeal
Outcome
Leave to appeal refused upon the basis that the application is incompetent.
Legal Topics
['competency of Appeal Under S.5 F Criminal Appeal Act 1912' 'committal Proceedings' 'election to Have Table Offences Dealt With on Indictment' 'extension of Time for Election Under S.263(2) Criminal Procedure Act 1986' 'special Circumstances']
['criminal Law' 'criminal Procedure' 'appeals'] ['competency of Appeal Under S.5 F Criminal Appeal Act 1912' 'committal Proceedings' 'election to Have Table Offences Dealt With on Indictment' 'extension of Time for Election Under S.263(2) Criminal Procedure Act 1986' 'special Circumstances']

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Procedural Posture

Criminal Application for Leave to Appeal Under S.5 F Criminal Appeal Act 1912 Against a Local Court Decision Granting Leave Under S.263(2) Criminal Procedure Act 1986 to Elect Out of Time to Have Offences Dealt With on Indictment / Application for Leave to Appeal in the Court of Criminal Appeal

Legal Issues

  1. 1 ["Whether the Magistrate's decision granting leave under s.263(2) Criminal Procedure Act 1986 was made in committal proceedings or in proceedings for the prosecution of offenders on indictment for the purposes of s.5F(1)(a) Criminal Appeal Act 1912." "Whether the Magistrate's decision constituted an interlocutory judgment or order for the purpose of s.5F Criminal Appeal Act 1912." 'How s.263(2) Criminal Procedure Act 1986 should be construed and applied, including the meaning of "special circumstances".']

Ratio Decidendi

The application for leave to appeal was incompetent because the Magistrate's ruling granting leave under s.263(2) Criminal Procedure Act 1986 was not made in committal proceedings and no committal proceedings had commenced in respect of the matters. Accordingly, the Applicant could not bring the application within s.5F Criminal Appeal Act 1912. Johnson J also indicated that, if necessary, he would have concluded that the decision was not an interlocutory order for the purposes of s.5F.

Court Disposition

Leave to appeal refused upon the basis that the application is incompetent.

Orders

  • ['Leave to appeal refused upon the basis that the application is incompetent.']