Re Application by Dedeoglu [2022] NSWCCA 192

Re Application by Dedeoglu [2022] NSWCCA 192

The Registrar's decisions were confirmed because the applicant demonstrated no proper basis to bring forward the hearing date, list a futile bail application before a pending appeal application existed, require personal attendance, compel translation of Crown submissions, provide unfocussed material to the appeal court, or transfer the matter to judicial case management. Given the volume of material filed, the Crown was ordered to file and serve submissions four weeks before the hearing, on or before 17 October 2022.

Jurisdiction
Australia
Judgment Date
02 September 2022
Procedural Posture
Criminal Appeal Procedural Ruling / Review Under Rule 6.1 of the Supreme Court (criminal Appeal) Rules 2021 of Decisions of the Registrar of the Court of Criminal Appeal
Outcome
Registrar's decision confirmed; Respondent directed to file and serve submissions.
Legal Topics
['review of Registrar Decisions' 'expedited Appeal Hearing' 'bail Pending Appeal' 'production Orders' 'personal Attendance at Appeal' 'interpreter Arrangements' 'filing Appeal Material' 'case Management']
['criminal Law' 'criminal Appeals' 'criminal Procedure'] ['review of Registrar Decisions' 'expedited Appeal Hearing' 'bail Pending Appeal' 'production Orders' 'personal Attendance at Appeal' 'interpreter Arrangements' 'filing Appeal Material' 'case Management']

Case Brief

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Procedural Posture

Criminal Appeal Procedural Ruling / Review Under Rule 6.1 of the Supreme Court (criminal Appeal) Rules 2021 of Decisions of the Registrar of the Court of Criminal Appeal

Legal Issues

  1. 1 ["Whether the Registrar's decisions should be reviewed or set aside under Rule 6.1 of the Supreme Court (Criminal Appeal) Rules 2021." "Whether the applicant's application for leave to appeal should be brought forward from the allocated hearing date of 14 November 2022." 'Whether a further bail application should be listed before the application for leave to appeal is determined.' 'Whether issues concerning production under s 12 of the Criminal Appeal Act 1912 (NSW) warranted intervention on review.' 'Whether the applicant should be permitted to attend the appeal hearing in person rather than by audio-visual link.' 'What direction should be made for the Crown to file and serve its submissions, and whether those submissions should be translated into Turkish.' 'Whether all documents and emails the applicant sought to rely on should be provided to the appeal court.' 'Whether judicial case management was warranted.']

Ratio Decidendi

The Registrar's decisions were confirmed because the applicant demonstrated no proper basis to bring forward the hearing date, list a futile bail application before a pending appeal application existed, require personal attendance, compel translation of Crown submissions, provide unfocussed material to the appeal court, or transfer the matter to judicial case management. Given the volume of material filed, the Crown was ordered to file and serve submissions four weeks before the hearing, on or before 17 October 2022.

Court Disposition

Registrar's decision confirmed; Respondent directed to file and serve submissions.

Orders

  • ["The Registrar's decision is confirmed." 'The Respondent is to file and serve its submissions on or before 17 October 2022.']