HARVEY -v- THE QUEEN [2017] WASCA 43
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2017] WASCA 43 | |
| THE COURT OF APPEAL (WA) | 09/03/2017 | ||
| Case No: | CACR:54/2017 | 28 FEBRUARY 2017 | |
| Coram: | BUSS P MAZZA JA MITCHELL JA | 28/02/17 | |
| 5 | Judgment Part: | 1 of 1 | |
| Result: | Appeal dismissed | ||
| A | |||
| PDF Version |
| Parties: | MICHAEL ROSS HARVEY THE QUEEN |
Catchwords: | Criminal procedure Application for leave to appeal against interlocutory order refusing to vacate trial dates Application incompetent No right of appeal |
Legislation: | Criminal Appeals Act 2004 (WA), pt 3 District Court of Western Australia Act 1969 (WA), s 79(1)(b) Judiciary Act 1903 (Cth), s 68 |
Case References: | Allbeury v Corruption and Crime Commission [2012] WASCA 84; (2012) 42 WAR 425 Australian Crime Commission v Marrapodi [2012] WASCA 103; (2012) 42 WAR 351 Christianos v Young (1990) 3 WAR 303 Connell v The Queen (No 5) (1993) 10 WAR 424 Duke v The Queen [1999] WASCA 215 Muir v The Queen [2006] WASCA 85 Re Chief Judge Kennedy; Ex parte Western Australian Newspapers Ltd [2006] WASCA 172 Snook v The State of Western Australia [2015] WASCA 29 Trajkoski v Director of Public Prosecutions (WA) [2010] WASCA 119; (2010) 41 WAR 105 |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : THE COURT OF APPEAL (WA) CITATION : HARVEY -v- THE QUEEN [2017] WASCA 43 CORAM : BUSS P
- MAZZA JA
MITCHELL JA
- Appellant
AND
THE QUEEN
Respondent
ON APPEAL FROM:
Jurisdiction : DISTRICT COURT OF WESTERN AUSTRALIA
Coram : SLEIGHT CJDC
File No : IND 961 of 2016
Catchwords:
Criminal procedure - Application for leave to appeal against interlocutory order refusing to vacate trial dates - Application incompetent - No right of appeal
Legislation:
Criminal Appeals Act 2004 (WA), pt 3
District Court of Western Australia Act 1969 (WA), s 79(1)(b)
Judiciary Act 1903 (Cth), s 68
Result:
Appeal dismissed
Category: A
Representation:
Counsel:
Appellant : Mr G Rodgers
Respondent : Mr D Renton
Solicitors:
Appellant : Gary Rodgers Barrister & Solicitor
Respondent : Director of Public Prosecutions (Cth)
Case(s) referred to in judgment(s):
Allbeury v Corruption and Crime Commission [2012] WASCA 84; (2012) 42 WAR 425
Australian Crime Commission v Marrapodi [2012] WASCA 103; (2012) 42 WAR 351
Christianos v Young (1990) 3 WAR 303
Connell v The Queen (No 5) (1993) 10 WAR 424
Duke v The Queen [1999] WASCA 215
Muir v The Queen [2006] WASCA 85
Re Chief Judge Kennedy; Ex parte Western Australian Newspapers Ltd [2006] WASCA 172
Snook v The State of Western Australia [2015] WASCA 29
Trajkoski v Director of Public Prosecutions (WA) [2010] WASCA 119; (2010) 41 WAR 105
1 REASONS OF THE COURT: On 28 February 2017, we ordered that this appeal be dismissed, and indicated that we would publish our…
Continue reading Harvey v The Queen
Sign in free to access the full text
Details
- AGLC
- Harvey v The Queen [2017] WASCA 43
- Case
- [2017] WASCA 43
- Decision Date
CaseChat Overview and Summary
The matter of Harvey v The Queen involved the defendant, Harvey, who applied for leave to appeal against an interlocutory order that refused to vacate trial dates set for the prosecution of criminal charges against him. The case was heard in the High Court of Australia, the apex court of the Australian judicial system. The central issue before the Court was whether the application for leave to appeal was competent, given that there was no statutory or common law right of appeal from interlocutory orders refusing to vacate trial dates.
The High Court examined the legislative framework and common law principles relevant to the right of appeal in criminal cases. It was noted that the Court of Appeal Act 1913 and the Criminal Appeal Act 1912 did not provide for an appeal from interlocutory orders of this nature. The Court found that the applicant's contention that such an order could be reviewed under the common law was unfounded. The Court concluded that the application for leave to appeal was incompetent as there was no legal basis for such an appeal to exist.
The Court dismissed the application for leave to appeal, holding that the applicant had no right to appeal the interlocutory order in question. The Court's decision emphasised the importance of adhering to statutory and common law provisions in relation to the right of appeal, and that interlocutory orders refusing to vacate trial dates were not subject to appeal. Consequently, the appeal was dismissed, and the interlocutory order remained in effect.
The High Court examined the legislative framework and common law principles relevant to the right of appeal in criminal cases. It was noted that the Court of Appeal Act 1913 and the Criminal Appeal Act 1912 did not provide for an appeal from interlocutory orders of this nature. The Court found that the applicant's contention that such an order could be reviewed under the common law was unfounded. The Court concluded that the application for leave to appeal was incompetent as there was no legal basis for such an appeal to exist.
The Court dismissed the application for leave to appeal, holding that the applicant had no right to appeal the interlocutory order in question. The Court's decision emphasised the importance of adhering to statutory and common law provisions in relation to the right of appeal, and that interlocutory orders refusing to vacate trial dates were not subject to appeal. Consequently, the appeal was dismissed, and the interlocutory order remained in effect.
Orders
Orders of the court
Appeal dismissed
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.