Regina v O'MEARA [2001] NSWCCA 340

Regina v O'MEARA [2001] NSWCCA 340

Because the applicant had been committed for trial for Commonwealth offences, the committal decision was a decision of an administrative character made under a Commonwealth enactment. The effective relief sought would have set aside, stayed, quashed or prohibited action on the committal order and therefore amounted to a review within s9 of the Administrative Decisions (Judicial Review) Act 1977 (Cwth). A State court had no jurisdiction to conduct that review, and the application had to be dismissed.

Jurisdiction
Australia
Judgment Date
07 September 2001
Procedural Posture
Application for Leave to Appeal Pursuant to S5 F of the Criminal Appeal Act 1912 in Committal Proceedings for Commonwealth Indictable Offences / Court of Criminal Appeal Application for Leave to Appeal From Committal Proceedings
Outcome
Application dismissed.
Legal Topics
['committal Proceedings' 'jurisdiction of the Court of Criminal Appeal' 'admissibility of Witness Statements' 'administrative Decisions (judicial Review) Act 1977 (cwth)' 'interlocutory Judgment or Order']
['criminal Law' 'criminal Procedure' 'administrative Law'] ['committal Proceedings' 'jurisdiction of the Court of Criminal Appeal' 'admissibility of Witness Statements' 'administrative Decisions (judicial Review) Act 1977 (cwth)' 'interlocutory Judgment or Order']

Case Brief

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Procedural Posture

Application for Leave to Appeal Pursuant to S5 F of the Criminal Appeal Act 1912 in Committal Proceedings for Commonwealth Indictable Offences / Court of Criminal Appeal Application for Leave to Appeal From Committal Proceedings

Legal Issues

  1. 1 ["Whether the Court of Criminal Appeal had jurisdiction under s5F of the Criminal Appeal Act 1912 to entertain the applicant's challenge to evidence admitted in committal proceedings." 'Whether the relief sought was in substance a review of a committal order for a Commonwealth offence barred by s9 of the Administrative Decisions (Judicial Review) Act 1977 (Cwth).' 'Whether a ruling on admissibility of evidence in committal proceedings was an interlocutory judgment or order.']

Ratio Decidendi

Because the applicant had been committed for trial for Commonwealth offences, the committal decision was a decision of an administrative character made under a Commonwealth enactment. The effective relief sought would have set aside, stayed, quashed or prohibited action on the committal order and therefore amounted to a review within s9 of the Administrative Decisions (Judicial Review) Act 1977 (Cwth). A State court had no jurisdiction to conduct that review, and the application had to be dismissed.

Court Disposition

Application dismissed.

Orders

  • ['Application dismissed.']