Sayer-Jones v The King

Case [2024] NSWCCA 73


Court of Criminal Appeal


Supreme Court


New South Wales

  • Amendment notes
Medium Neutral Citation: Sayer-Jones v R [2024] NSWCCA 73
Hearing dates: 6 May 2024
Date of orders: 15 May 2024
Decision date: 15 May 2024
Before: Leeming JA at [1];
Campbell J at [7];
N Adams J at [13].
Decision:

(1) Leave to appeal under s 5F(3)(a) of the Criminal Appeal Act 1912 (NSW) is refused.

Catchwords:

CRIMINAL LAW – leave to appeal interlocutory decision of District Court setting aside subpoenas issued by applicant and refusing to grant applicant leave to issue further subpoena – relevance of delay on sentence – delay as a mitigating factor – no error established – application refused

Legislation Cited:

Crimes Act 1900 (NSW), ss 192E(1)(b), 192G, 319

Crimes (Appeal and Review) Act 2001 (NSW), s 52(1)

Criminal Appeal Act 1912 (NSW), s 5F

Criminal Procedure Act 1986 (NSW), Ch 4 Pt 3, s 298

Prevention of Oil Pollution Act 1971 (UK), s 2(1)

Uniform Civil Procedure Rules 2005 (NSW), r 7.3(1)

Cases Cited:

Alexandroaia v R (1995) 81 A Crim R 286

Coles v R [2016] NSWCCA 32

DAO v The Queen (2011) 81 NSWLR 568; [2011] NSWCCA 63

Sayer-Jones v The Director of Public Prosecutions (NSW) [2019] NSWSC 1615

Decision Restricted [2022] NSWCCA 99

Director of Public Prosecutions (Cth) v Pratten(No 2) (2017) 94 NSWLR 194; [2017] NSWCCA 42

FT (a pseudonym) v The King [2024] VSCA 90

GLJ v Trustees of the Roman Catholic Church for the Diocese of Lismore [2023] HCA 32; 97 ALJR 857

Diocese of Lismore [2023] HCA 32; 97 ALJR 857

House v The King (1936) 55 CLR 499; [1936] HCA 40

Jamieson v The Queen (1993) 177 CLR 574; [1993] HCA 48

Khanna v Woolworths Group Ltd [2022] NSWCA 94

King v R (1998) 99 A Crim R 288

Koschier v R [2024] NSWCCA 24

Mill v R (1988) 166 CLR 59; [1988] HCA 70

R v Blanco [1999] NSWCCA 121; (1999) 106 A Crim R 303

R v Carpenter [2022] ACTSC 6

R v DK [2023] NSWCCA 281

R v Donald [2013] NSWCCA 238

R v Gay [2002] NSWCCA 6; (2002) 49 ATR 78

R v Haque [2022] ACTSC 10

R v Karageorge (1998) 146 FLR 100; (1998) 103 A Crim R 157

R v Obeid [2018] NSWSC 1024

R v Schwabegger [1998] 4 VR 649; (1997) 38 ATR 30

R v Thames Magistrates’ Court; ex partePolemis [1974] 2 All ER 1219

R v Todd [1982] 2 NSWLR 517

R v Wong [2002] NSWCCA 527; (2002) 137 A Crim R 120

Re Will of Gilbert (1946) 46 SR (NSW) 318

Rohan v R [2018] NSWCCA 89

Sabra v R [2015] NSWCCA 38; (2015) 257 A Crim R 33

Sayer-Jones v R [2024] NSWCCA 54

Sayer-Jones v The Director of Public Prosecutions [2019] NSWSC 1615

Scook v R [2008] WASCA 114; (2008) 185 A Crim R 164

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AGLC
Sayer-Jones v The King [2024] NSWCCA 73
Case
[2024] NSWCCA 73
Decision Date

CaseChat Overview and Summary

The applicant, Sayer-Jones, sought leave to appeal against an interlocutory decision of the District Court of New South Wales, which had set aside subpoenas issued by the applicant and refused the applicant leave to issue further subpoenas. The case involved the applicant's criminal proceedings, where the delay in the issuance of the subpoenas was being considered as a mitigating factor for sentencing. The primary legal issue before the court was whether the District Court had erred in its decision to set aside the subpoenas and deny the applicant leave to issue further subpoenas. The court had to determine if the delay was relevant to the sentencing process and if it could be considered as a mitigating factor. The High Court found that the District Court had not erred in its decision. The reasoning of the District Court was sound, and the court had correctly considered the relevance of delay in the sentencing process and its potential impact as a mitigating factor. The High Court held that the delay did not establish a basis for appeal and dismissed the application for leave to appeal. The High Court's decision was final, and no further appeal was permitted.

Orders

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Background

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