Regina v Simon DAHER Regina v Tod TOCHEL [2004] NSWCCA 458

Regina v Simon DAHER Regina v Tod TOCHEL [2004] NSWCCA 458

The District Court judge's stated view was only an advisory indication of how he would decide if the case proceeded on the evidence tendered, and was not a judgment or order for the purposes of s5F of the Criminal Appeal Act 1912; accordingly the applications were incompetent.

Jurisdiction
Australia
Judgment Date
14 December 2004
Procedural Posture
Criminal Appeal Application / Application for Extension of Time Within Which to Appeal Under S5 F Criminal Appeal Act Against an Alleged Interlocutory Judgment or Order of the District Court
Outcome
Applications dismissed. Matters remitted to the District Court.
Legal Topics
['interlocutory Appeals' 'advisory Opinions' 'drug Manufacture' 'commercial Quantity of Prohibited Drug']
['criminal Law' 'criminal Procedure' 'appeals'] ['interlocutory Appeals' 'advisory Opinions' 'drug Manufacture' 'commercial Quantity of Prohibited Drug']

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Procedural Posture

Criminal Appeal Application / Application for Extension of Time Within Which to Appeal Under S5 F Criminal Appeal Act Against an Alleged Interlocutory Judgment or Order of the District Court

Legal Issues

  1. 1 ["Whether the District Court judge's opinion was a judgment or order for the purposes of s5F of the Criminal Appeal Act 1912." 'Whether the applications for extension of time to appeal under s5F were competent.']

Ratio Decidendi

The District Court judge's stated view was only an advisory indication of how he would decide if the case proceeded on the evidence tendered, and was not a judgment or order for the purposes of s5F of the Criminal Appeal Act 1912; accordingly the applications were incompetent.

Court Disposition

Applications dismissed. Matters remitted to the District Court.

Orders

  • ['Applications dismissed.' 'Matters remitted to the District Court.']