Saffron v The Queen [1953] HCA 51

Saffron v The Queen [1953] HCA 51

The Court of Criminal Appeal's determination of the reserved question under s. 5A (2) was not appealable because it did not affect the applicant's acquittal, rights or liabilities, and operated at most as a judicial precedent rather than as a judgment, decree, order or sentence within s. 73 of the Constitution.

Jurisdiction
Australia
Procedural Posture
Criminal Matter / Application for Special Leave to Appeal
Outcome
Special leave to appeal refused.
Legal Topics
['appealability of Advisory Opinions' 'reserved Questions of Law After Acquittal' 'section 73 of the Constitution' 'admissibility of Evidence Given Before a Royal Commission']
['criminal Law' 'appellate Jurisdiction' 'constitutional Law' 'evidence'] ['appealability of Advisory Opinions' 'reserved Questions of Law After Acquittal' 'section 73 of the Constitution' 'admissibility of Evidence Given Before a Royal Commission']

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Procedural Posture

Criminal Matter / Application for Special Leave to Appeal

Legal Issues

  1. 1 ['Whether the determination of a reserved question by the Court of Criminal Appeal under s. 5A (2) of the Criminal Appeal Act 1912-1951 N.S.W. after an acquittal was a judgment, decree, order or sentence appealable under s. 73 of the Constitution.' "Whether the applicant's rights or liabilities were affected by the Court of Criminal Appeal's determination that evidence given before the Royal Commission was admissible or not rendered inadmissible by specified matters."]

Ratio Decidendi

The Court of Criminal Appeal's determination of the reserved question under s. 5A (2) was not appealable because it did not affect the applicant's acquittal, rights or liabilities, and operated at most as a judicial precedent rather than as a judgment, decree, order or sentence within s. 73 of the Constitution.

Court Disposition

Special leave to appeal refused.

Orders

  • ['Special leave to appeal refused.']