The Queen v Lane, Paul Gregory [1995] FCA 1184

The Queen v Lane, Paul Gregory [1995] FCA 1184

In the circumstances, the order permanently staying the prosecution is considered a final order, therefore leave to appeal is not strictly necessary, but leave is granted as appropriate should it be required.

Parties
Applicant: THE QUEEN; Respondent: PAUL GREGORY LANE
Jurisdiction
Australia
Judgment Date
17 February 1995
Procedural Posture
Criminal Appeal / Application for Leave to Appeal
Outcome
Leave to appeal granted; extension of time to file application granted; costs to be costs in the appeal.
Legal Topics
Extension of Time, Leave to Appeal, Interlocutory Vs Final Order, Permanent Stay of Prosecution
Criminal Law Extension of Time Leave to Appeal Interlocutory Vs Final Order Permanent Stay of Prosecution

Case Brief

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Parties

THE QUEEN

Applicant

PAUL GREGORY LANE

Respondent

Procedural Posture

Criminal Appeal / Application for Leave to Appeal

Legal Issues

  1. 1 Whether the order permanently staying the prosecution is final or interlocutory
  2. 2 Whether leave to appeal should be granted
  3. 3 Whether extension of time to file application for leave to appeal should be allowed

Ratio Decidendi

In the circumstances, the order permanently staying the prosecution is considered a final order, therefore leave to appeal is not strictly necessary, but leave is granted as appropriate should it be required.

Court Disposition

Leave to appeal granted; extension of time to file application granted; costs to be costs in the appeal.

Orders

  • Crown granted leave to file application for leave to appeal out of time, provided it is filed by 30 January 1995.
  • Court deems the application filed on that date to be the application for leave to appeal.