Leith BAGSHAW v R [2008] NSWCCA 246

Leith BAGSHAW v R [2008] NSWCCA 246

There was no evidentiary or legal basis established by the applicant to interfere with the District Court's ruling refusing a stay, adjournment, or other orders sought, and leave to appeal was therefore refused.

Parties
Applicant: Leith Gordon Bagshaw; Respondent Crown: Regina (Cth)
Jurisdiction
Australia
Judgment Date
14 October 2008
Procedural Posture
Appeal / Application for Leave to Appeal Under S 5 F of the Criminal Appeal Act 1912
Outcome
Leave to appeal refused.
Legal Topics
Judicial Error, Judicial Bias, Admissibility of Documents, Withdrawal of Guilty Pleas, Stay of Prosecution
Criminal Law Judicial Error Judicial Bias Admissibility of Documents Withdrawal of Guilty Pleas Stay of Prosecution

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Parties

Leith Gordon Bagshaw

Applicant

Regina (Cth)

Respondent Crown

Procedural Posture

Appeal / Application for Leave to Appeal Under S 5 F of the Criminal Appeal Act 1912

Legal Issues

  1. 1 Whether the District Court erred in refusing a stay or adjournment of proceedings on grounds of alleged judicial bias and document admissibility.
  2. 2 Whether the applicant made out grounds warranting leave to appeal under s 5F of the Criminal Appeal Act 1912.

Ratio Decidendi

There was no evidentiary or legal basis established by the applicant to interfere with the District Court's ruling refusing a stay, adjournment, or other orders sought, and leave to appeal was therefore refused.

Court Disposition

Leave to appeal refused.

Orders

  • Leave to appeal refused.