Regina v Cox [1999] NSWCCA 229

New South Wales Court of Criminal Appeal CITATION : Regina v Cox [1999] NSWCCA 229 FILE NUMBER(S) : CCA 60202/99 HEARING DATE(S) : 10 August 1999 JUDGMENT DATE : 10 August 1999

PARTIES : Regina v Ian Ormond Cox JUDGMENT OF : Sperling J at 2; Levine J at 15; McInerney AJ at 16

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 98/11/0872 LOWER COURT JUDICIAL OFFICER : Ainslie-Wallace DCJ

COUNSEL : In Person (Appellant) P A Roberts SC (Crown) SOLICITORS : Commonwealth DPP (Crown) CATCHWORDS : CRIMINAL LAW & PROCEDURE - application for leave to appeal under Criminal Appeal Act 1912, s 5F - finding of fact below not indigent - no sufficient doubt and interests of justice not otherwise require intervention - application dismissed. CASES CITED: BWM (1996-97) 91 A Crim R 260, Canellis (1994) 181 CLR 309, Carter (CCA (NSW), 5 September 1995, unreported), Dietrich (1992-93) 177 CLR 292, Matovski (1988-89) 15 NSWLR 720, Steffan (1992-93) 30 NSWLR 633 DECISION : Application for leave to appeal dismissed.

IN THE COURT OF CRIMINAL APPEAL 60202/99 LEVINE J SPERLING J McINERNEY AJ

Tuesday 10 August 1999

REGINA v Ian Ormond COX

JUDGMENT

1 LEVINE J: I will ask Sperling J to deliver the first judgment.

2 SPERLING J: This is an application for leave to appeal from the determination of Ainslie-Wallace DCJ refusing to grant a permanent stay of proceedings pursuant to the decision in Dietrich (1992-93) 177 CLR 292 or, alternatively, an adjournment of the proceedings for longer than was in fact granted. 3 The applicant was to go to trial with others on 1 March 1999. The proceedings were adjourned to 8 March 1999 pending an appeal against a refusal of legal aid. On 9 March 1999, that appeal having failed, her Honour refused an application for a permanent stay but adjourned the proceedings for a period of one week to enable the applicant to apply for leave to appeal from her decision. No application for leave to appeal was filed at that stage.