Bagshaw v R [2009] NSWCCA 32

Bagshaw v R [2009] NSWCCA 32

Leave to appeal was refused as no error of law or principle was demonstrated in any of the District Court orders challenged; applications were unmeritorious and fell outside the scope of s5F Criminal Appeal Act 1912.

Jurisdiction
Australia
Judgment Date
23 February 2009
Procedural Posture
Criminal Appeal / Application for Leave to Appeal (interlocutory Orders)
Outcome
Leave to appeal in each case refused.
Legal Topics
['interlocutory Appeals' 'withdrawal of Guilty Plea' 'application of Criminal Code' 'disqualification of Prosecutor' 'bail Variation']
['criminal Law' 'bankruptcy Law'] ['interlocutory Appeals' 'withdrawal of Guilty Plea' 'application of Criminal Code' 'disqualification of Prosecutor' 'bail Variation']

Case Brief

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Procedural Posture

Criminal Appeal / Application for Leave to Appeal (interlocutory Orders)

Legal Issues

  1. 1 ['Whether leave should be granted to appeal interlocutory orders under s5F Criminal Appeal Act 1912' 'Whether refusal to withdraw guilty pleas amounted to error' 'Whether refusal to disqualify prosecutor or vary bail amounted to error']

Ratio Decidendi

Leave to appeal was refused as no error of law or principle was demonstrated in any of the District Court orders challenged; applications were unmeritorious and fell outside the scope of s5F Criminal Appeal Act 1912.

Court Disposition

Leave to appeal in each case refused.

Orders

  • []