Cook v The Queen

Cook has appealed against a decision of the County Court of Victoria, which refused him leave to make an interlocutory appeal from an earlier decision. Cook is facing trial for causing injury to two prison officers. He has elected to represent himself at trial, foregoing legal representation by counsel or a solicitor provided by Victoria Legal Aid. The issues before the Court of Appeal were whether the County Court judge erred in refusing a permanent stay of the proceedings, in admitting photographic evidence where the photographer could not recall taking one of the photographs, and in refusing to order Victoria Legal Aid to provide Cook with $5,000 for a suit and other expenses. The Court of Appeal considered that an interlocutory appeal against a refusal under section 197 of the Criminal Procedure Act 2009 is not available. It also found that the term ‘legal representation’ in section 197 does not include the provision of clothing and stationery, and that the Court should not have admitted one of the photographs because the photographer could not recall taking it. However, the Court found that these errors did not justify a permanent stay of the proceedings. The Court accordingly dismissed the appeal.