Jones v Police

Case

[2009] SASC 242

19 August 2009


Details
AGLC Case Decision Date
Jones v Police [2009] SASC 242 [2009] SASC 242 19 August 2009

CaseChat Overview and Summary

Jones applied to the Supreme Court of South Australia for permission to appeal against a decision of a single judge. The single judge had dismissed Jones' appeal against a finding of guilt made by a magistrate. The appeal was dismissed on the basis of the single judge’s conclusion that the appeal had no reasonable prospect of success. The appeal was brought under the provisions that allow an appeal to the Full Court of the Supreme Court by leave of the court.

The legal issue before the court was whether Jones should be granted leave to appeal against the decision of the single judge. The appeal was brought under a provision which allows an appeal by leave of the court, and the court was required to consider whether there was some compelling reason to grant leave in this case.

The court found that Jones was seeking to reargue issues of fact that had already been decided by a magistrate and a judge. The court held that permission to reargue facts of a case would only be granted where there was some compelling reason to do so in the interests of justice. The court found that there was no compelling reason in this case to grant leave. The appeal was dismissed.

The court refused Jones leave to appeal against the decision of the single judge.
Details

Areas of Law

  • Civil Litigation & Procedure

Legal Concepts

  • Appeal

  • Jurisdiction

  • Permission to Appeal

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Most Recent Citation
Lawrie v Police [2015] SASC 98

Cases Citing This Decision

4

R v Niesen [2015] SASCFC 165
Lawrie v Police [2015] SASC 98
R v Niesen [2015] SASCFC 165
Cases Cited

1

Statutory Material Cited

0

Jones v Police [2009] SASC 170
Jones v Police [2009] SASC 170