Mohareb v Palmer [2015] NSWCA 369

Mohareb v Palmer [2015] NSWCA 369

The application for leave to appeal was dismissed because the applicant did not identify with precision the false statement allegedly made on oath; without such clear identification, there were no reasonable prospects of success in prosecuting the alleged perjury.

Jurisdiction
Australia
Judgment Date
27 November 2015
Procedural Posture
Application for Leave to Appeal / Summons Seeking Leave to Appeal Against Refusal of Leave to Prosecute for Perjury
Outcome
Application for leave to appeal dismissed with costs
Legal Topics
['leave to Appeal' 'perjury Prosecution' 'crimes Act 1900 (nsw) S 338(1)(c)']
['procedure'] ['leave to Appeal' 'perjury Prosecution' 'crimes Act 1900 (nsw) S 338(1)(c)']

Case Brief

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Procedural Posture

Application for Leave to Appeal / Summons Seeking Leave to Appeal Against Refusal of Leave to Prosecute for Perjury

Legal Issues

  1. 1 ['Whether the primary judge erred in refusing leave to prosecute for perjury under Crimes Act 1900 (NSW), s 338(1)(c)' "Whether there was an arguable error in the primary judge's decision to refuse leave for want of precision in the alleged perjured statement"]

Ratio Decidendi

The application for leave to appeal was dismissed because the applicant did not identify with precision the false statement allegedly made on oath; without such clear identification, there were no reasonable prospects of success in prosecuting the alleged perjury.

Court Disposition

Application for leave to appeal dismissed with costs

Orders

  • ['Summons seeking leave to appeal dismissed with costs']