R v Elassaad (No. 2) [2024] NSWDC 180

R v Elassaad (No. 2) [2024] NSWDC 180

The application to state a case was refused because the questions now sought to be raised were not argued before the judge at the appeal hearing, therefore not properly before the court, and because of delay in making the application. The judge found it inappropriate to grant a stated case on a ground that was not addressed at the original appeal hearing.

Jurisdiction
Australia
Judgment Date
09 April 2024
Procedural Posture
Application to State a Case in Criminal Appeal / Post Appeal, Application for Stated Case to Court of Criminal Appeal Refused
Outcome
Application to state a case refused.
Legal Topics
['criminal Appeals' 'stated Case Procedure' 'lawfulness of Arrest' 'police Powers' 'delay']
['criminal Law'] ['criminal Appeals' 'stated Case Procedure' 'lawfulness of Arrest' 'police Powers' 'delay']

Case Brief

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Procedural Posture

Application to State a Case in Criminal Appeal / Post Appeal, Application for Stated Case to Court of Criminal Appeal Refused

Legal Issues

  1. 1 ['Whether to state a case for the Court of Criminal Appeal on alleged questions of law concerning lawfulness of arrest and sufficiency of evidence for resisting police' 'Whether questions were argued before the District Court judge at the appeal' 'Whether delay precludes granting of application']

Ratio Decidendi

The application to state a case was refused because the questions now sought to be raised were not argued before the judge at the appeal hearing, therefore not properly before the court, and because of delay in making the application. The judge found it inappropriate to grant a stated case on a ground that was not addressed at the original appeal hearing.

Court Disposition

Application to state a case refused.

Orders

  • ['The application to state a case is refused.']