R v Obeid (No 3) [2015] NSWSC 1441

R v Obeid (No 3) [2015] NSWSC 1441

The application to certify under s 5F(3)(b) was refused as the appropriateness of an interlocutory appeal was not beyond doubt, the Crown opposed certification, and the trial judge did not consider himself to possess particular insight that would warrant certification.

Jurisdiction
Australia
Judgment Date
28 September 2015
Procedural Posture
Criminal / Application for Judicial Certification Under S 5 F(3)(b) of the Criminal Appeal Act 1912 Prior to Trial
Outcome
Application for certification refused.
Legal Topics
['appeal Certification' 'interlocutory Appeal' 'demurrer' 'stay of Proceedings']
['criminal Law' 'procedure'] ['appeal Certification' 'interlocutory Appeal' 'demurrer' 'stay of Proceedings']

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Procedural Posture

Criminal / Application for Judicial Certification Under S 5 F(3)(b) of the Criminal Appeal Act 1912 Prior to Trial

Legal Issues

  1. 1 ['Whether the orders made on 22 September 2015 should be certified under s 5F(3)(b) of the Criminal Appeal Act 1912 as proper for appeal' 'Whether matters determined in the earlier judgment (Obeid (No 2)) are of a jurisdictional or quasi-jurisdictional nature justifying certification']

Ratio Decidendi

The application to certify under s 5F(3)(b) was refused as the appropriateness of an interlocutory appeal was not beyond doubt, the Crown opposed certification, and the trial judge did not consider himself to possess particular insight that would warrant certification.

Court Disposition

Application for certification refused.

Orders

  • ['Application for certification under s 5F(3)(b) of the Criminal Appeal Act 1912 rejected.']