24 Mar 2011
HAMED and OTHERS v R SC 125/2010 and Others
- Citation
- HAMED and OTHERS v R SC 125/2010 and Others
- Court
- Supreme Court
The Supreme Court will grant leave to hear a pre-trial appeal under s379AB only where, applying s13(4) of the Supreme Court Act 2003, it is necessary in the interests of justice to decide the interlocutory issue before the proceeding concludes; because the Court of Appeal's interpretation of s198 would bind the trial judge and preclude re-assessment under s30 at trial, leave was necessary and is granted to determine lawfulness of the surveillance/searches and the alternative s30 admissibility question.