Regina v Jefferies

CITATION: REGINA v JEFFERIES [2000] NSWCCA 81

FILE NUMBER(S): CCA 60426/98

HEARING DATE(S): 16 March 2000

JUDGMENT DATE:
16 March 2000

PARTIES :

Trevor Kenneth Jefferies - Applicant
Crown - Respondent

JUDGMENT OF: Sheller JA; Hulme J; Dowd J

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S) : 96/31/0391

LOWER COURT JUDICIAL
OFFICER : Viney DCJ

COUNSEL : G P Craddock - Applicant
C K Maxwell QC - Crown

SOLICITORS: T A Murphy - Applicant
S E O'Connor - Crown

DECISION: 1. That James Barnett, barrister, of 1/332 Pitt Street, Sydney, swear an affidavit setting out his knowledge and belief as to the matters specified in particulars 3 to 7 in the appellant's grounds of appeal in the above appeal, a copy of which will be annexed to the order, and provide such sworn affidavit to the appellant's solicitors before 5 pm on Friday 24 March 2000; 2. That the hearing date of 20 March 2000 be vacated and the appeal stood over for listing before the Registrar at the next available call-over date after 24 March 2000.

IN THE COURT OF
CRIMINAL APPEAL

60426/98

SHELLER JAJ
HULME J
DOWD J

Thursday, 16 March 2000

REGINA v Trevor Kenneth JEFFERIES

JUDGMENT
1 SHELLER JA: This is an application by the applicant, Trevor Jefferies, in appeal number 60426 of 1998 that the hearing date of 20 March 2000 be vacated. An order was also sought requiring the attendance of a barrister, James Barnett, before the Court.
2 After discussion between the parties the following orders were proposed, which the Court now makes:

1. That James Barnett, barrister, of 1/332 Pitt Street, Sydney, swear an affidavit setting out his knowledge and belief as to the matters specified in particulars 3 to 7 in the appellant's grounds of appeal in the above appeal, a copy of which will be annexed to the order, and provide such sworn affidavit to the appellant's solicitors before 5 pm on Friday 24 March 2000.

2. That the hearing date of 20 March 2000 be vacated and the appeal stood over for listing before the Registrar at the next available call-over date after 24 March 2000.

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CaseChat Overview and Summary

Trevor Kenneth Jefferies appealed against a decision of the District Court, presided over by Viney DCJ, and the appeal was heard by Sheller JA, Hulme J, and Dowd J in the Court of Criminal Appeal. Jefferies sought to vacate the hearing date of the appeal and required the attendance of a barrister, James Barnett, before the Court. The Crown did not oppose the application, and the parties reached an agreement on the orders to be made. Jefferies argued that he needed the affidavit of James Barnett to address specific grounds of appeal. The Court accepted the agreement and ordered that James Barnett provide an affidavit to Jefferies' solicitors by a specified date. The Court also vacated the hearing date of the appeal and directed that the appeal be listed for hearing at the next available call-over date after the specified date. This decision ensures that Jefferies has the necessary evidence to proceed with his appeal and that the Court can consider the appeal at an appropriate time.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

CITATION:	REGINA v JEFFERIES [2000] NSWCCA 81
FILE NUMBER(S):	CCA 60426/98
HEARING DATE(S):	16 March 2000
JUDGMENT DATE:	16 March 2000
PARTIES :	Trevor Kenneth Jefferies - Applicant Crown - Respondent
JUDGMENT OF:	Sheller JA; Hulme J; Dowd J

LOWER COURT JURISDICTION:	District Court
LOWER COURT FILE NUMBER(S) :	96/31/0391
LOWER COURT JUDICIAL OFFICER :	Viney DCJ

COUNSEL :	G P Craddock - Applicant C K Maxwell QC - Crown
SOLICITORS:	T A Murphy - Applicant S E O'Connor - Crown
DECISION:	1. That James Barnett, barrister, of 1/332 Pitt Street, Sydney, swear an affidavit setting out his knowledge and belief as to the matters specified in particulars 3 to 7 in the appellant's grounds of appeal in the above appeal, a copy of which will be annexed to the order, and provide such sworn affidavit to the appellant's solicitors before 5 pm on Friday 24 March 2000; 2. That the hearing date of 20 March 2000 be vacated and the appeal stood over for listing before the Registrar at the next available call-over date after 24 March 2000.