REGINA v Michael KANAAN [2003] NSWCCA 190

REGINA v Michael KANAAN [2003] NSWCCA 190

Assuming Barr J's ruling was capable of being the subject of an application for leave to appeal under s 5 F of the Criminal Appeal Act, the applicant showed no basis for doubting the correctness of the refusal to permit Mr Simpson to act as a McKenzie friend, in circumstances where the applicant had legal aid and retained legal representatives whom he had dismissed, and Mr Simpson was on remand with other criminal convictions.

Jurisdiction
Australia
Judgment Date
04 July 2003
Procedural Posture
Criminal Application for Leave to Appeal / Application for Leave to Appeal Against a Ruling Refusing Permission to Use a Mc Kenzie Friend at Trial
Outcome
Application refused.
Legal Topics
['application for Leave to Appeal' 'mc Kenzie Friend' 'self Representation' 'legal Aid']
['criminal Law' 'criminal Procedure' 'appeals'] ['application for Leave to Appeal' 'mc Kenzie Friend' 'self Representation' 'legal Aid']

Case Brief

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Procedural Posture

Criminal Application for Leave to Appeal / Application for Leave to Appeal Against a Ruling Refusing Permission to Use a Mc Kenzie Friend at Trial

Legal Issues

  1. 1 ["Whether leave to appeal should be granted against Barr J's ruling refusing permission for the applicant to use Mr Simpson as a McKenzie friend at trial." 'Whether the ruling was an order subject to a right to seek leave to appeal under s 5 F of the Criminal Appeal Act.']

Ratio Decidendi

Assuming Barr J's ruling was capable of being the subject of an application for leave to appeal under s 5 F of the Criminal Appeal Act, the applicant showed no basis for doubting the correctness of the refusal to permit Mr Simpson to act as a McKenzie friend, in circumstances where the applicant had legal aid and retained legal representatives whom he had dismissed, and Mr Simpson was on remand with other criminal convictions.

Court Disposition

Application refused.

Orders

  • ['The application for leave is refused.']