Regina v O'MEARA [2001] NSWCCA 340

Reported Decision : 124 A Crim R 493

New South Wales Court of Criminal Appeal

CITATION : Regina v O'MEARA [2001] NSWCCA 340 FILE NUMBER(S) : CCA 60372/01 HEARING DATE(S) : 31 August 2001 JUDGMENT DATE : 7 September 2001

PARTIES : Kenneth Ian O'Meara - Applicant Crown JUDGMENT OF : Sheller JA at 1; Sully J at 13; Dowd J at 14

LOWER COURT JURISDICTION : Local Court LOWER COURT FILE NUMBER(S) : LOWER COURT JUDICIAL Sweeney LCM OFFICER :

COUNSEL : Applicant - In person M A Wigney - Crown SOLICITORS : Applicant - In person Commonwealth Director of Public Prosecutions CATCHWORDS : PRACTICE AND PROCEDURE - error in committal proceedings - whether Court of Criminal Appeal had jurisdiction to issue relief - Administrative Decisions (Judicial Review) Act 1977 Criminal Appeal Act 1912 Justices Act 1902 LEGISLATION CITED : Crimes Act 1914 (Cwth) Administrative Decisions (Judicial Review) Act 1977 (Cwth) Judiciary Act 1903 (Cwth) R v Buckett (1992) 61 A CrimR 49 CASES CITED: Lamb v Moss (1983) 76 FLR 296 Steffan v R (1993) 30 NSWLR 633 DECISION : Application dismissed.

IN THE COURT OF CRIMINAL APPEAL

60372/01

SHELLER JA SULLY J DOWD J

FRIDAY 7 SEPTEMBER 2001

Regina v Kenneth Ian O'Meara

The claimant sought leave to appeal, pursuant to s5F of the Criminal Appeal Act 1912, against a decision by a Magistrate to admit evidence of certain witnesses in the course of committal proceedings against him. The claimant had been charged with the offence of defrauding the Commonwealth. The claimant submitted that this evidence was inadmissible because the requirements of ss48B and 48D of the Justices Act 1902 had not been complied with.