SUPREME COURT OF VICTORIA
COURT OF APPEAL
S EAPCR 2021 0020
| RUBIO PETERS (a pseudonym)[1] | Applicant |
| v | |
| THE QUEEN | Respondent |
[1]To ensure that there is no possibility of identification, this judgment has been anonymised by the adoption of a pseudonym in place of the name of the applicant.
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| JUDGES: | PRIEST and T FORREST JJA |
| WHERE HELD: | MELBOURNE |
| DATE OF HEARING: | 5 March 2021 |
| DATE OF JUDGMENT: | 5 March 2021 |
| DATE OF REASONS: | 9 March 2021 |
| MEDIUM NEUTRAL CITATION: | [2021] VSCA 47 |
| JUDGMENT APPEALED FROM: | DPP v [Peters] (Unreported, County Court of Victoria, Judge Stuart, 3 March 2021) |
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CRIMINAL LAW – Interlocutory appeal – Application for review of refusal to certify that interlocutory decision of sufficient importance to the trial to justify it being determined on an interlocutory appeal – Applicant on trial for perjury and attempting to obtain a financial advantage by deception – Subpoena issued by applicant set aside by trial judge – No error in trial judge’s decision to set aside subpoena – No error in trial judge’s decision refusing certification – No proper ground for review of refusal to certify – Application for review of refusal to certify refused – Criminal Procedure Act 2009 s 295(3).
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| APPEARANCES: | Counsel | Solicitors |
| For the Applicant | In person | |
| For the Respondent | Mr J Saunders | Ms A Hogan, Solicitor for Public Prosecutions |
| For the Chief Commissioner of Police (Intervening) | Ms A Haban-Beer | The Victorian Government Solicitor’s Office |
PRIEST JA
T FORREST JA:
A jury has been empanelled in the County Court to try the applicant, ‘Rubio Peters’, on charges of perjury (charge 1) and attempting to obtain a financial advantage by deception (charge 2).
On 23 February 2021, the trial judge set aside a subpoena issued out of the County Court Registry by the applicant on 15 February 2021 (‘the ruling’ or ‘the interlocutory decision’).
In the case of each of four search warrants issued by a Magistrate on 28 October 2014, the subpoena sought production of: ‘Copy of Application and all documents relied on for the application for search warrant’. It was common ground that the documents included an affidavit dated 28 October 2014, which had been put before the Magistrate in order to obtain the issue of the four search warrants (which related to two premises and two motor vehicles connected to the applicant). The search warrants in each case had been sought by a Detective from the Fraud and Extortion Squad.
Later, on 2 March 2021, the trial judge refused to certify under s 295(3)(b) of the Criminal Procedure Act 2009 (‘CPA’) that the interlocutory decision was ‘of sufficient importance to the trial to justify it being determined on an interlocutory appeal’.
Pursuant to s 296 of the CPA, the applicant sought a review of the judge’s decision to refuse certification (and, if successful in that application, leave to appeal against the interlocutory decision).
The application for review of the judge’s refusal to certify came before this Court on 5 March 2021. Having entertained oral submissions…
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- [2021] VSCA 47
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