Liam Monte v R [2015] NSWDC 247

Liam Monte v R [2015] NSWDC 247

The District Court lacks jurisdiction to hear the second appeal due to statutory restrictions under section 29 of the Crimes (Appeal and Review) Act 2001 and the appeal being filed out of time. These grounds are independently sufficient to render the appeal incompetent.

Jurisdiction
Australia
Judgment Date
09 October 2015
Procedural Posture
Criminal Appeal / Jurisdictional Determination of Second District Court Appeal
Outcome
Second District Court appeal struck out as incompetent
Legal Topics
['steal From Person' 'appeals' 'jurisdiction' 'sentencing' 'exercise of Forensic Judgment']
['criminal Law' 'appellate Procedure'] ['steal From Person' 'appeals' 'jurisdiction' 'sentencing' 'exercise of Forensic Judgment']

Case Brief

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Procedural Posture

Criminal Appeal / Jurisdictional Determination of Second District Court Appeal

Legal Issues

  1. 1 ['Whether the District Court has jurisdiction to hear a second appeal after previous appeals to the District and Supreme Court' 'Whether the second District Court appeal was out of time' 'Whether section 29 of the Crimes (Appeal and Review) Act 2001 prevents a second District Court appeal']

Ratio Decidendi

The District Court lacks jurisdiction to hear the second appeal due to statutory restrictions under section 29 of the Crimes (Appeal and Review) Act 2001 and the appeal being filed out of time. These grounds are independently sufficient to render the appeal incompetent.

Court Disposition

Second District Court appeal struck out as incompetent

Orders

  • ['The second District Court appeal lodged on 27 April 2015 is struck out as incompetent.']