Re Application by Simon Monteiro [2022] NSWCCA 10

Re Application by Simon Monteiro [2022] NSWCCA 10

The applications for orders under s 12 were refused because the sought orders either sought to attack the making of the supervision orders, which is not within the jurisdiction of the Court of Criminal Appeal, or were not relevant and necessary for the pending applications. Orders of a superior court of record remain valid until set aside, and even if set aside, it would not affect whether the applicant committed an offence.

Parties
Applicant: Simon Monteiro
Jurisdiction
Australia
Judgment Date
02 February 2022
Procedural Posture
Criminal Appeal / Application for Orders Under S 12 of the Criminal Appeal Act 1912
Outcome
Applications dismissed
Legal Topics
Applications for Orders Under S 12 of the Criminal Appeal Act 1912, Challenge to Extended Supervision Order, Application for Production of Documents, Relevance of Orders to Appeal and Bail Applications
Criminal Law Applications for Orders Under S 12 of the Criminal Appeal Act 1912 Challenge to Extended Supervision Order Application for Production of Documents Relevance of Orders to Appeal and Bail Applications

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Parties

Simon Monteiro

Applicant

Procedural Posture

Criminal Appeal / Application for Orders Under S 12 of the Criminal Appeal Act 1912

Legal Issues

  1. 1 Whether orders should be made under s 12 of the Criminal Appeal Act 1912 for the production of documents and attendance of witnesses in the context of a criminal appeal and bail application
  2. 2 Whether the Extended Supervision Order and Interim Supervision Order may be challenged in this forum

Ratio Decidendi

The applications for orders under s 12 were refused because the sought orders either sought to attack the making of the supervision orders, which is not within the jurisdiction of the Court of Criminal Appeal, or were not relevant and necessary for the pending applications. Orders of a superior court of record remain valid until set aside, and even if set aside, it would not affect whether the applicant committed an offence.

Court Disposition

Applications dismissed

Orders

  • Applications for orders under s 12 of the Criminal Appeal Act 1912 dismissed