R v Greenwood [2014] NSWDC 50

R v Greenwood [2014] NSWDC 50

The application to state a case is declined because the questions presented pertain to findings of fact, not questions of law, and such matters are not appropriate for the stated case procedure under s 5B of the Criminal Appeal Act.

Jurisdiction
Australia
Judgment Date
14 March 2014
Procedural Posture
Criminal Appeal / Application to State a Case After Unsuccessful Conviction Appeal
Outcome
Application to state a case declined
Legal Topics
['application to State a Case' 'question of Law Vs Question of Fact' 'self Defence' 'criminal Appeals']
['criminal Law'] ['application to State a Case' 'question of Law Vs Question of Fact' 'self Defence' 'criminal Appeals']

Case Brief

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Procedural Posture

Criminal Appeal / Application to State a Case After Unsuccessful Conviction Appeal

Legal Issues

  1. 1 ['Whether the questions proposed by the applicant are questions of law or questions of fact' 'Whether a question of fact can be raised under s 5B of the Criminal Appeal Act' 'Whether the findings regarding self-defence can form the basis for a stated case']

Ratio Decidendi

The application to state a case is declined because the questions presented pertain to findings of fact, not questions of law, and such matters are not appropriate for the stated case procedure under s 5B of the Criminal Appeal Act.

Court Disposition

Application to state a case declined

Orders

  • ['Decline to state a case under s 5B of the Criminal Appeal Act']