R v WALSH [2004] NSWCCA 290

R v WALSH [2004] NSWCCA 290

The Court refused an extension of time for filing the stated case and refused to answer the questions of law because they were submitted out of time and the questions did not sufficiently arise out of the District Court proceedings.

Jurisdiction
Australia
Judgment Date
17 August 2004
Procedural Posture
Criminal Appeal / Application for Extension of Time and Submission of Stated Case
Outcome
extension of time refused; questions of law not answered
Legal Topics
['procedure for Appeal' 'extension of Time' 'submission of Questions of Law']
['criminal Law'] ['procedure for Appeal' 'extension of Time' 'submission of Questions of Law']

Case Brief

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Procedural Posture

Criminal Appeal / Application for Extension of Time and Submission of Stated Case

Legal Issues

  1. 1 ['Whether extension of time should be granted for filing a stated case under s5B of the Criminal Appeal Act 1912' 'Whether questions of law submitted arose out of the District Court proceedings' 'Whether Judge Christie followed appropriate procedure in hearing the appeal']

Ratio Decidendi

The Court refused an extension of time for filing the stated case and refused to answer the questions of law because they were submitted out of time and the questions did not sufficiently arise out of the District Court proceedings.

Court Disposition

extension of time refused; questions of law not answered

Orders

  • ['Refused extension of time for filing stated case' 'Refused to answer questions of law because they were submitted out of time']