R v Pera [1999] NSWCCA 348

R v Pera [1999] NSWCCA 348

The trial should be stayed to preserve the Crown's statutory right to appeal under s5F Criminal Appeal Act and prevent the appeal from becoming nugatory.

Jurisdiction
Australia
Judgment Date
06 September 1999
Procedural Posture
Criminal Appeal / Interlocutory Motion for Stay Pending Appeal
Outcome
stay granted
Legal Topics
['evidentiary Rulings' 'appeal Under S5 F Criminal Appeal Act' 'stay of Proceedings']
['criminal Law'] ['evidentiary Rulings' 'appeal Under S5 F Criminal Appeal Act' 'stay of Proceedings']

Case Brief

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Procedural Posture

Criminal Appeal / Interlocutory Motion for Stay Pending Appeal

Legal Issues

  1. 1 ["Whether the trial should be stayed pending determination of the Crown's appeal under s5F Criminal Appeal Act" 'Entitlement of the Crown to appeal under s5F Criminal Appeal Act']

Ratio Decidendi

The trial should be stayed to preserve the Crown's statutory right to appeal under s5F Criminal Appeal Act and prevent the appeal from becoming nugatory.

Court Disposition

stay granted

Orders

  • ['Notice of Motion returnable instanter.' "The trial of the Respondent, listed to commence before Judge Keleman SC of the District Court, Campbelltown at 10.00am on 6 September 1999, be stayed until this Court has heard and determined the Appellant's application under section 5F of the Criminal Appeal Act, 1912."...