Mason v R (No. 1) [2015] NSWCCA 324

Mason v R (No. 1) [2015] NSWCCA 324

By majority, the Court refused to vacate the hearing because the Applicant had already received substantial and repeated extensions, had indicated that the appeal was ready to proceed on a single ground, and sought only further time to investigate a possible additional ground that had not been formulated. The factual issue concerning Count 27 had been known to the Applicant and his solicitor since about 21 September 2012, the material advanced was regarded as tenuous, the public interest favoured avoiding further delay, and a Part 7 application under the Crimes (Appeal and Review) Act 2001 remained a possible procedure if further material were later pursued.

Jurisdiction
Australia
Judgment Date
18 December 2015
Procedural Posture
Criminal Appeal Interlocutory Application / Notice of Motion to Vacate the Hearing of an Appeal Against Conviction in the Court of Criminal Appeal
Outcome
Application refused by majority; Notice of Motion dismissed.
Legal Topics
['application to Vacate Hearing of Appeal' 'delay in Criminal Appeals' 'notice of Intention to Appeal' 'fresh or New Evidence' 'part 7 Crimes (appeal and Review) Act 2001']
['criminal Law' 'criminal Procedure' 'appeals'] ['application to Vacate Hearing of Appeal' 'delay in Criminal Appeals' 'notice of Intention to Appeal' 'fresh or New Evidence' 'part 7 Crimes (appeal and Review) Act 2001']

Case Brief

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Procedural Posture

Criminal Appeal Interlocutory Application / Notice of Motion to Vacate the Hearing of an Appeal Against Conviction in the Court of Criminal Appeal

Legal Issues

  1. 1 ["Whether the hearing of the Applicant's appeal against conviction should be vacated to permit further investigation of a potential additional ground of appeal concerning Count 27." 'Whether the interests of justice favoured adjournment given the history of extensions, the readiness of the existing appeal, the public interest in avoiding delay, and the possible availability of a Part 7 application under the Crimes (Appeal and Review) Act 2001.']

Ratio Decidendi

By majority, the Court refused to vacate the hearing because the Applicant had already received substantial and repeated extensions, had indicated that the appeal was ready to proceed on a single ground, and sought only further time to investigate a possible additional ground that had not been formulated. The factual issue concerning Count 27 had been known to the Applicant and his solicitor since about 21 September 2012, the material advanced was regarded as tenuous, the public interest favoured avoiding further delay, and a Part 7 application under the Crimes (Appeal and Review) Act 2001 remained a possible procedure if further material were later pursued.

Court Disposition

Application refused by majority; Notice of Motion dismissed.

Orders

  • ['The application to vacate the hearing is refused.' "The Applicant's Notice of Motion filed 20 November 2015 is dismissed."]