Brown v R [2022] NSWCCA 121

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Brown v R [2022] NSWCCA 121 Hearing dates: 8 November 2021 Date of orders: 15 June 2022 Decision date: 15 June 2022 Before: Simpson AJA at [1] Rothman J at [41] Ierace J at [42] Decision: Leave to appeal refused Catchwords: CRIME — appeals — application for leave to appeal pursuant to s 5F(3) of the Criminal Appeal Act 1912 (NSW) against orders dismissing the applications for permanent stay or for separate trial — ruling on evidence is not an interlocutory order or judgment amenable to appeal under s 5F(3) of Criminal Appeal Act — the underlying basis for the application is a preliminary ruling on evidence — leave to appeal refused Legislation Cited: Crimes Act 1900 (NSW), ss 61I, 61L Criminal Appeal Act 1912 (NSW), s 5F(3) Criminal Procedure Act 1986 (NSW), ss 21(2), 29(1), 29A, 130A, 159(1), 290A(1), 293(3), 306I, 294CB Evidence Act 1995 (NSW), Pt 3.6, ss 97, 101, 192A Cases Cited: DAO v R (2011) 81 NSWLR 568; [2011] NSWCCA 63 DSJ v R; NS v R [2014] NSWCCA 77 R v Powch (1984) 14 NSWLR 136 Steffan v R (1993) 30 NSWLR 633 Category: Principal judgment Parties: Matthew Brown (Applicant) Crown (Respondent) Representation: Counsel: J Masters (Applicant) B Hatfield (Crown)

Solicitors: Anthony Cullinan Lawyers (Applicant) Solicitor for Public Prosecutions (Respondent) File Number(s): 2018/383847 Publication restriction: Statutory prohibition on name of complainant Decision under appeal Court or tribunal: District Court of NSW Jurisdiction: Criminal Citation: N/A Date of Decision: 14 July 2021 Before: Townsden DCJ File Number(s): 2018/383847