Teshabaev v R [2022] NSWCCA 186

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Teshabaev v R [2022] NSWCCA 186 Hearing dates: 26 August 2022 Date of orders: 26 August 2022 Decision date: 31 August 2022 Before: Beech-Jones CJ at CL at [1] Adamson J at [48] Bellew J at [49] Decision: (1) Leave to appeal be refused; (2) Within one week of the completion of the proceedings at first instance, the Respondent is to notify the Chambers of Beech-Jones CJ at CL accordingly. Catchwords: INTERLOCUTORY APPEAL – application for leave to appeal from ruling excluding evidence and refusing to grant a permanent stay – sexual offences – complainant young child – note records that complainant disclosed offending by applicant and her grandfather – complainant later disavowed offending by her grandfather – evidence ruled inadmissible under s 294CB(3) of the Criminal Procedure Act – trial judge refused to grant permanent stay – no jurisdiction to review evidentiary ruling – not a step in the appeal against the refusal of a stay – leave refused – no House v The King error shown in relation to refusal to grant a stay Legislation Cited: Crimes Act 1900 Criminal Appeal Act 1912 Criminal Procedure Act 1986 Cases Cited: Gypsy Jokers Motorcycle Club Inc v Commissioner of Police (2008) 234 CLR 532; [2008] HCA 4 HG v The Queen (1999) 197 CLR 414; [1999] HCA 2 House v The King (1936) 55 CLR 499; [1936] HCA 40 Jackmain (a pseudonym) v R (2020) 102 NSWLR 847; [2020] NSWCCA 150 Jago v District Court of NSW (1989) 168 CLR 23; [1989] HCA 46 Kable v Director of Public Prosecutions (NSW) (1996) 189 CLR 51; [1996] HCA 24 Liristis v Director of Public Prosecutions (NSW) [2018] NSWCCA 196 M v R (1993) 67 A Crim R 549 R v RD [2016] NSWCCA 84 Category: Principal judgment Parties: Kodirjon Teshabaev (Applicant) Regina (Respondent) Representation: Counsel: Mr P Skinner (Applicant) Mr G Newton (Respondent)