Nichles v R (No 1) [2024] NSWDC 625

Nichles v R (No 1) [2024] NSWDC 625

The District Court has no jurisdiction to entertain an appeal from a Local Court interlocutory decision refusing a permanent stay of criminal proceedings, as it was not a final order. Accordingly, the appeal must be dismissed for want of jurisdiction.

Parties
Appellant: Kimberley Nichles; Respondent: R (NSW)
Jurisdiction
Australia
Judgment Date
23 September 2024
Procedural Posture
Appeal Criminal / Interlocutory Appeal Application for Permanent Stay and Related Orders
Outcome
appeal dismissed
Legal Topics
Appeals From Interlocutory Orders, Jurisdiction of District Court, Permanent Stay of Proceedings, Domestic Violence Orders
Criminal Law Appellate Procedure Appeals From Interlocutory Orders Jurisdiction of District Court Permanent Stay of Proceedings Domestic Violence Orders

Case Brief

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Parties

Kimberley Nichles

Appellant

R (NSW)

Respondent

Procedural Posture

Appeal Criminal / Interlocutory Appeal Application for Permanent Stay and Related Orders

Legal Issues

  1. 1 Whether the District Court has jurisdiction to hear an appeal from interlocutory orders of the Local Court in criminal proceedings
  2. 2 Whether a permanent stay of proceedings should be granted in the circumstances alleged by the appellant

Ratio Decidendi

The District Court has no jurisdiction to entertain an appeal from a Local Court interlocutory decision refusing a permanent stay of criminal proceedings, as it was not a final order. Accordingly, the appeal must be dismissed for want of jurisdiction.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed.