Gedeon v The Queen

In the case of Gedeon v The Queen, the appellant was convicted in the Supreme Court of New South Wales of multiple counts of murder and other related offences. The dispute arose from the admissibility of evidence obtained through illegal means, specifically, the use of an unauthorised recording device. The appellant sought to exclude this evidence and, failing that, to permanently stay the proceedings. The appeal was brought to the Court of Criminal Appeal, which had to determine the admissibility of the illegally obtained evidence under s 138 of the Evidence Act 1995 (NSW) and the validity of the appellant's right to appeal the decision to exclude the evidence under s 5F of the Criminal Appeal Act 1912 (NSW).

The court had to decide whether the ruling on the admissibility of evidence was an interlocutory judgment or order of legal form and, therefore, whether the appellant had the right to appeal under s 5F of the Criminal Appeal Act 1912 (NSW). The court considered the statutory authority to hear an application for leave to appeal under s 5F and whether the refusal of a stay was an interlocutory judgment or order of legal form. The court also had to determine if the ruling on the admissibility of evidence was an interlocutory judgment or order of legal form and whether the appellant had the right to appeal the decision.

The court found that the ruling on the admissibility of evidence was not an interlocutory judgment or order of legal form. The court held that the refusal of a stay was an interlocutory judgment or order of legal form, and therefore, the appellant had the right to appeal under s 5F of the Criminal Appeal Act 1912 (NSW). However, the court found that the appellant did not have the statutory authority to hear an application for leave to appeal under s 5F because the ruling on the admissibility of evidence was not an interlocutory judgment or order of legal form. Therefore, the application for leave to appeal was refused. The court also found that the evidence obtained through the unauthorised recording device was admissible under s 138 of the Evidence Act 1995 (NSW), and the refusal of a stay was appropriate.

The Court of Criminal Appeal refused the appellant's application for leave to appeal the decision of the Supreme Court of New South Wales. The court held that the ruling on the admissibility of evidence was not an interlocutory judgment or order of legal form, and therefore, the appellant did not have the right to appeal under s 5F of the Criminal Appeal Act 1912 (NSW). The court also held that the evidence obtained through the unauthorised recording device was admissible under s 138 of the Evidence Act 1995 (NSW), and the refusal of a stay was appropriate. The conviction and sentence of the appellant were upheld.