R v Keogh

Case

[2013] SASCFC 74

6 August 2013


Details
AGLC Case Decision Date
R v Keogh [2013] SASCFC 74 [2013] SASCFC 74 6 August 2013

CaseChat Overview and Summary

The applicant, R v Keogh, sought access to a document exhibited to an affidavit. This affidavit was filed in support of both a notice of appeal and an application for permission to appeal against conviction. The application was heard by Nicholson J of the Supreme Court of South Australia.

The central legal issue before the court was whether the document in question, exhibited to the affidavit, fell within the definition of "process" as contemplated by section 131(1)(aa) of the *Supreme Court Act 1935* (SA). This section governs the miscellaneous powers of the court and judges.

Nicholson J considered the meaning of "process" in the context of the Act and the nature of the document. His Honour determined that the document, being an exhibit to an affidavit filed in support of appellate proceedings, did not constitute "process" within the meaning of section 131(1)(aa). Consequently, the application for access to the document was dismissed.
Details

Areas of Law

  • Criminal Law

  • Statutory Interpretation

Legal Concepts

  • Appeal

  • Jurisdiction

  • Statutory Construction

  • Charge

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Cases Citing This Decision

1

Cases Cited

5

Statutory Material Cited

1

R v Foreman [2012] NZHC 1954