R v Lavender [2002] NSWCCA 511

R v Lavender [2002] NSWCCA 511

The appeal was dismissed because the trial judge’s decision was merely a ruling on admissibility of evidence and not an interlocutory judgment or order that could be appealed under s 5F of the Criminal Appeal Act 1912.

Jurisdiction
Australia
Judgment Date
16 December 2002
Procedural Posture
Criminal Appeal / Appeal Against Interlocutory Ruling on Admissibility of Evidence
Outcome
appeal dismissed
Legal Topics
['appeal Against Interlocutory Judgment or Order' 'admissibility of Evidence' 'manslaughter' 'unlawful and Dangerous Act' 'criminal Negligence']
['criminal Law'] ['appeal Against Interlocutory Judgment or Order' 'admissibility of Evidence' 'manslaughter' 'unlawful and Dangerous Act' 'criminal Negligence']

Case Brief

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Procedural Posture

Criminal Appeal / Appeal Against Interlocutory Ruling on Admissibility of Evidence

Legal Issues

  1. 1 ["Whether the trial judge's evidentiary ruling constituted an interlocutory judgment or order for the purposes of s 5F of the Criminal Appeal Act 1912" "Whether the admissibility of evidence about a witness's fear was relevant to establishing assault as the unlawful act for manslaughter"]

Ratio Decidendi

The appeal was dismissed because the trial judge’s decision was merely a ruling on admissibility of evidence and not an interlocutory judgment or order that could be appealed under s 5F of the Criminal Appeal Act 1912.

Court Disposition

appeal dismissed

Orders

  • ['appeal dismissed']