Morgan v Regina (No 2) [2013] NSWCCA 80

Morgan v Regina (No 2) [2013] NSWCCA 80

The Court lacks jurisdiction to entertain a second appeal in respect of counts 5 and 6, as only one appeal lies from an indictment containing multiple counts. Once an appeal has been determined—regardless of which counts are argued—all statutory rights of appeal are exhausted and convictions unchallenged in arguments are equally final. Abandoning argument on particular counts during the hearing or failing to include grounds or submissions does not constitute a procedural abandonment for which a further appeal is permitted. Accordingly, the application is dismissed.

Jurisdiction
Australia
Judgment Date
18 April 2013
Procedural Posture
Criminal Appeal / Application for Extension of Time to File Further Appeal; Principal Judgment
Outcome
Application dismissed
Legal Topics
['appeals' 'indictment' 'abandonment of Appeal' 'jurisdiction of Appellate Court' 'one Indictment One Jury Rule' 'multiple Counts in Indictment' 'finality of Litigation']
['criminal Law'] ['appeals' 'indictment' 'abandonment of Appeal' 'jurisdiction of Appellate Court' 'one Indictment One Jury Rule' 'multiple Counts in Indictment' 'finality of Litigation']

Case Brief

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Procedural Posture

Criminal Appeal / Application for Extension of Time to File Further Appeal; Principal Judgment

Legal Issues

  1. 1 ['Whether appellate court has jurisdiction to hear a second appeal in respect of counts not argued in initial appeal' 'Whether more than one appeal can be brought from an indictment containing multiple counts' 'Whether an abandonment of appeal in respect of some counts permits a further appeal from those counts' 'Whether the applicant appealed counts 5 and 6 in the original appeal']

Ratio Decidendi

The Court lacks jurisdiction to entertain a second appeal in respect of counts 5 and 6, as only one appeal lies from an indictment containing multiple counts. Once an appeal has been determined—regardless of which counts are argued—all statutory rights of appeal are exhausted and convictions unchallenged in arguments are equally final. Abandoning argument on particular counts during the hearing or failing to include grounds or submissions does not constitute a procedural abandonment for which a further appeal is permitted. Accordingly, the application is dismissed.

Court Disposition

Application dismissed

Orders

  • ['The application is dismissed']