Gibson v Director of Public Prosecutions (NSW) (No 2) [2021] NSWCA 218
Whether or not the refusal to refer questions involved jurisdictional error, the questions did not constitute pure questions of law as required by s 5B Criminal Appeal Act. Any jurisdictional error was immaterial, and relief should be withheld due to lack of utility. There was no proper basis to interfere.
- Jurisdiction
- Australia
- Judgment Date
- 14 September 2021
- Procedural Posture
- Judicial Review / Court of Appeal, Principal Judgment
- Outcome
- Summons dismissed with costs
- Legal Topics
- ['judicial Review' 'submission of Questions of Law' 'district Court Powers' 'refusal to State a Case' 'functus Officio' 'procedural Fairness']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Judicial Review / Court of Appeal, Principal Judgment
Legal Issues
- 1 ['Whether the decision to refuse to refer purported questions of law to the Court of Criminal Appeal involved jurisdictional error' 'Whether relief should be withheld if there was jurisdictional error' 'Whether the requested referral involved pure questions of law' 'Whether proper reasons for refusal were given or required']
Ratio Decidendi
Whether or not the refusal to refer questions involved jurisdictional error, the questions did not constitute pure questions of law as required by s 5B Criminal Appeal Act. Any jurisdictional error was immaterial, and relief should be withheld due to lack of utility. There was no proper basis to interfere.
Court Disposition
Summons dismissed with costs
Orders
- ['Time extended for filing Summons' 'Summons dismissed with costs']
Full Case Text
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