WO v Director of Public Prosecutions (NSW)

The applicant, WO, sought a writ of prohibition against the Director of Public Prosecutions (NSW) concerning a pending criminal proceeding. The matter came before the Court of Appeal of New South Wales.

The primary legal issue before the Court was whether relief in the nature of prohibition was available to the applicant in circumstances where the applicant had also filed a concurrent appeal under s 5F of the *Criminal Appeal Act 1912* (NSW). This raised the question of whether the rulings on points of law made by the primary judge constituted an "interlocutory judgment or order" that would engage the jurisdiction under s 5F, and consequently, whether such an appeal precluded the availability of prohibition for alleged jurisdictional error.

The Court reasoned that the applicant's attempt to appeal rulings on points of law did not constitute an appeal against an "interlocutory judgment or order" within the meaning of s 5F of the *Criminal Appeal Act 1912* (NSW). Consequently, the jurisdiction under s 5F was not engaged. The Court further held that the applicant had not demonstrated any jurisdictional error on the part of the primary judge. Therefore, prohibition was not an available remedy.

The Court granted the applicant leave to rely upon the proposed amended summons and dispensed with further requirements of the rules in relation thereto, but dismissed the summons. No order was made as to the costs of the parties in the Court.