Court of Criminal Appeal
Supreme Court
New South Wales
- Summary available
- Amendment notes
Medium Neutral Citation: Hall v R [2015] NSWCCA 298 Hearing dates: 20 November 2015 Decision date: 30 November 2015 Before: Simpson JA at [1]
Johnson J at [2]
Davies J at [66]Decision: Leave to appeal refused upon the basis that the application is incompetent.
Catchwords: CRIMINAL LAW - application for leave under s.5F Criminal Appeal Act to appeal against decision of a Magistrate - Applicant charged with a number of offences, including Table 1 and Table 2 offences - prosecution elected to have charges proceed on indictment - election not made within time allowed under s. 263(1) Criminal Procedure Act - Magistrate granted leave to prosecution under s. 263(2) to elect out of time for charges to proceed on indictment - whether application for leave to appeal under s. 5F competent - Magistrate’s decision not made during committal proceedings and was not an “interlocutory judgment or order” - application for leave not competent - consideration of proper construction and application of s. 263(2) - application refused
WORDS AND PHRASES - “special circumstances” - Criminal Procedure Act 1986 (NSW), s 263(2)Legislation Cited: Crimes (Appeal and Review) Act 2001
Crimes (Sentencing Procedure) Act 1999
Criminal Appeal Act 1912
Criminal Procedure Act 1986
Interpretation Act 1987
Local Court Act 2007
Supreme Court Act 1970Cases Cited: AF v R [2015] NSWCCA 35
Attorney General (NSW) v Chidgey [2008] NSWCCA 66; 182 A Crim R 536
Attorney General (NSW) v Stuart (1994) 34 NSWLR 667
B v Gould (1993) 67 A Crim R 297
D (A Child) v White (1988) VR 87
Director of Public Prosecutions (NSW) v Hall [2015] NSWLC 12
Expile Pty Limited v Jabb’s Excavation Pty Limited [2002] NSWSC 851; 194 ALR 138
Hall v Director of Public Prosecutions [2015] NSWSC 839
Iqbal v R [2012] NSWCCA 72
R v Colby; R v Kennedy (1995) 84 A Crim R 125
R v O’Meara [2001] NSWCCA 340
R v Simpson [2001] NSWCCA 534; 53 NSWLR 704
Salter v Director of Public Prosecutions (NSW) [2009] NSWCA 357; 75 NSWLR 392
Secretary, Department of Family and Community Services v Chamberlain [2002] FCA 67
Tez v Longley [2004] NSWSC 74; 142 A Crim R 122
Zreika v R [2012] NSWCCA 44; 223 A Crim R 460Texts Cited: --- Category: Principal judgment Parties: Jason Daniel Hall (Applicant)
Regina (Respondent)Representation: Counsel:
Solicitors:
Ms A Hawkins (Applicant)
Mr J Pickering SC (Respondent)
Blair Criminal Lawyers Pty Limited (Applicant)
Solicitor for Public Prosecutions (Respondent)
File Number(s): 2014/1939422014/2258352014/227636 Publication restriction: --- Decision under appeal
- Court or tribunal:
- Local Court of New South Wales
- Jurisdiction:
- ---
- Citation:
- Director of Public Prosecutions (NSW) v Hall [2015] NSWLC 12
- Date of Decision:
- 05 August 2015
- Before:
- Crompton LCM
- File Number(s):
- 2014/227636
Judgment
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SIMPSON JA: I agree with Johnson J.
-
JOHNSON J: The Applicant, Jason Daniel Hall, seeks leave to appeal under s.5F Criminal Appeal Act 1912 with respect…
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- Hall v R [2015] NSWCCA 298
- Case
- [2015] NSWCCA 298
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether the application for leave to appeal was competent. The court had to consider whether the magistrate's decision was an "interlocutory judgment or order" within the meaning of section 5F(1) of the Criminal Appeal Act and whether the decision involved "special circumstances" under section 263(2) of the Criminal Procedure Act. The applicant argued that the magistrate's decision was appealable as it was an interlocutory judgment or order and involved special circumstances. The court needed to determine the proper construction and application of section 263(2) and whether the magistrate's decision fell within the scope of section 5F.
The court held that the magistrate's decision was not an interlocutory judgment or order, and therefore, the application for leave to appeal was not competent. The court found that the magistrate's decision was made after the committal proceedings and did not involve an interlocutory judgment or order. The court also held that the magistrate's decision did not involve special circumstances as defined in section 263(2) of the Criminal Procedure Act. The court concluded that the application for leave to appeal was not competent, and therefore, the application was refused. The court did not provide any further orders in the judgment.
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