DIRECTOR OF PUBLIC PROSECUTIONS v SAXON [1992] NSWCA 58

DIRECTOR OF PUBLIC PROSECUTIONS v SAXON

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

MAHONEY, PRIESTLEY and Cripps JJA 22 June 1992

[1992] NSWCA 58

Mahoney JA This is a matter in which the court, subject to what I shall say, is of the opinion that leave to appeal should be granted. The court does not ordinarily give reasons for the grant of leave to appeal. What I shall say is directed to clarifying the position in relation to the proposed appeal.

Leave to appeal will be granted by the court, and is understood to be granted by it, on condition that the Director of Public Prosecutions will submit to such order as to costs of the appeal and the application for leave to appeal as the Court of Appeal may direct and the costs of the application for leave to appeal would be costs in the appeal to that effect.

It will be granted on condition that the Director of Public Prosecutions proceed to the preparation of all papers relevant to the appeal with expedition.

The hearing of the appeal is to be expedited. The parties should consult the Registrar for the fixing of an appropriate date for the hearing of the appeal upon the basis that it will last approximately one hour, that being counsel's estimate of the matter.

It is noted that although the learned judge's judgment at the bottom of page | of the judgment on 28 May 1992 refers to the matter as initially dealt with by him as being a more restricted matter with more restricted issues, the matters that are now in question are placed on a wider basis, the terms of which have been indicated in the transcript.