REGINA v. ST. ALDER [2005] NSWCCA 95

REGINA v. ST. ALDER [2005] NSWCCA 95

There was no demonstrated miscarriage of justice or relevant error arising from the Deputy Chief Magistrate's decision to proceed with taking evidence in the applicant’s absence, as the applicant was represented by a solicitor who conducted cross-examination in line with prior rulings and no particular disadvantage was proven; thus, the application for extension of time had no arguable prospects of success and was dismissed.

Jurisdiction
Australia
Judgment Date
14 March 2005
Procedural Posture
Criminal Appeal / Application for Extension of Time to Appeal
Outcome
application for extension of time dismissed
Legal Topics
['extension of Time' 'committal Proceedings' 'absence of Accused' 'adjournment' 'miscarriage of Justice']
['criminal Law'] ['extension of Time' 'committal Proceedings' 'absence of Accused' 'adjournment' 'miscarriage of Justice']

Case Brief

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Procedural Posture

Criminal Appeal / Application for Extension of Time to Appeal

Legal Issues

  1. 1 ['Whether there was an error in the refusal to adjourn committal proceedings in the absence of the accused.' "Whether the absence of the accused's presence led to a miscarriage of justice in the context of taking evidence at committal." 'Whether an extension of time to appeal should be granted.']

Ratio Decidendi

There was no demonstrated miscarriage of justice or relevant error arising from the Deputy Chief Magistrate's decision to proceed with taking evidence in the applicant’s absence, as the applicant was represented by a solicitor who conducted cross-examination in line with prior rulings and no particular disadvantage was proven; thus, the application for extension of time had no arguable prospects of success and was dismissed.

Court Disposition

application for extension of time dismissed

Orders

  • ['The application for extension of time to bring an appeal is dismissed.']