McNamara, Peter v. The Queen [1978] FCA 51

McNamara, Peter v. The Queen [1978] FCA 51

The appellate jurisdiction over interlocutory appeals in criminal matters should be exercised sparingly and only when intervention is necessary to prevent injustice; the appellant failed to demonstrate such injustice, as the effect of evidence and rulings by the trial judge remain uncertain and controllable within the trial process.

Jurisdiction
Australia
Judgment Date
22 June 1978
Procedural Posture
Criminal Appeal / Interlocutory Appeal
Outcome
appeal dismissed
Legal Topics
['interlocutory Appeals' 'separate Trials' 'evidence Implicating Co Accused' 'adjournment']
['criminal Law'] ['interlocutory Appeals' 'separate Trials' 'evidence Implicating Co Accused' 'adjournment']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Appeal / Interlocutory Appeal

Legal Issues

  1. 1 ['Whether this Court should interfere with the refusal of a trial judge to exercise discretion to order separate trials in a criminal proceeding' 'Criterion for exercising jurisdiction over interlocutory appeals in criminal matters']

Ratio Decidendi

The appellate jurisdiction over interlocutory appeals in criminal matters should be exercised sparingly and only when intervention is necessary to prevent injustice; the appellant failed to demonstrate such injustice, as the effect of evidence and rulings by the trial judge remain uncertain and controllable within the trial process.

Court Disposition

appeal dismissed

Orders

  • ['Appeal dismissed']