R v Lowrie

This case involved an application for leave to appeal against decisions made by Dowsett J and White J in criminal proceedings. The applicant, Kerry Catherine Lowrie, was charged with being an accessory after the fact to murder. The appeal sought to challenge the decisions of Dowsett J not to accept a plea on the charge and White J's refusal to stay or quash an indictment for murder. The Court of Appeal had to determine whether it had jurisdiction to hear the appeal. The majority of the Court held that it did not have jurisdiction to entertain the appeal against White J's orders as there was no right of appeal against interlocutory orders made in criminal trials on indictment. The majority reasoned that the relevant statutory provisions did not confer such a right of appeal. Shepherdson J dissented, arguing that the Court had inherent jurisdiction to grant a stay for abuse of process and that there was a right of appeal against a refusal to grant such a stay. However, the majority view was that the Court of Appeal's jurisdiction was limited to appeals against convictions and sentences as provided for in the Criminal Code. The applications for leave to appeal were therefore dismissed.