Director of Public Prosecutions (ACT) v AI, Ad and Jr

The Director of Public Prosecutions (ACT) sought leave to appeal a decision concerning the admissibility of evidence. The respondents, AI, Ad, and Jr, were charged with various offences. The core of the dispute revolved around whether certain evidence obtained from the respondents was admissible in their criminal proceedings.

The primary legal issue before the Court of Appeal was whether the Director of Public Prosecutions should be granted leave to appeal the decision regarding the admissibility of the evidence. This required the Court to consider the merits of the proposed appeal and whether there was a sufficient basis to permit it to proceed.

Refshauge J determined that the application for leave to appeal should be heard by a full bench of the Court of Appeal. This indicates that the Court considered the matter to be of sufficient importance or complexity to warrant consideration by a greater number of judges than might typically hear an application for leave to appeal. The Court's order was that the application for leave to appeal would be heard as if it were the appeal itself, by a full bench.