Regina v JS [2007] NSWCCA 272

Regina v JS [2007] NSWCCA 272

Section 107 of the Crimes (Appeal and Review) Act 2001 does not apply retrospectively to proceedings commenced before its operation, and in any event, the appeal grounds raise questions of law alone regarding the construction of s39 of the Crimes Act 1914 and the required fault element. Finality of acquittal is not constitutionally required under s80 of the Commonwealth Constitution. Court follows existing intermediate appellate decisions, and the appeal must be dismissed.

Parties
Appellant: Regina (Commonwealth DPP); Respondent: JS; Intervenor: Commonwealth Attorney-General
Jurisdiction
Australia
Judgment Date
10 September 2007
Procedural Posture
Criminal Appeal / Appeal From Directed Acquittal in Supreme Court
Outcome
Appeal dismissed
Legal Topics
Trial by Jury, Double Jeopardy, Appeal Against Acquittal, Retrospectivity, Jurisdiction, Notice of Appeal, Elements of Statutory Offence, Interpretation of Federal Statutes
Constitutional Law Criminal Law Statutory Interpretation Trial by Jury Double Jeopardy Appeal Against Acquittal Retrospectivity Jurisdiction +3 more

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Parties

Regina (Commonwealth DPP)

Appellant

JS

Respondent

Commonwealth Attorney-General

Intervenor

Procedural Posture

Criminal Appeal / Appeal From Directed Acquittal in Supreme Court

Legal Issues

  1. 1 Whether s107 of the Crimes (Appeal and Review) Act 2001 applies retrospectively to proceedings commenced before its operation
  2. 2 Whether a valid Notice of Appeal was filed under s107(3) of the Crimes (Appeal and Review) Act
  3. 3 Whether the appeal involves a question of law alone

Ratio Decidendi

Section 107 of the Crimes (Appeal and Review) Act 2001 does not apply retrospectively to proceedings commenced before its operation, and in any event, the appeal grounds raise questions of law alone regarding the construction of s39 of the Crimes Act 1914 and the required fault element. Finality of acquittal is not constitutionally required under s80 of the Commonwealth Constitution. Court follows existing intermediate appellate decisions, and the appeal must be dismissed.

Court Disposition

Appeal dismissed

Orders

  • Leave granted to file the amended Notice of Appeal containing Grounds 2 and 3
  • Appeal dismissed