REGINA v SIMRING [2000] NSWCCA 80

New South Wales Court of Criminal Appeal

CITATION : REGINA v SIMRING [2000] NSWCCA 80 FILE NUMBER(S) : CCA 60095/00 HEARING DATE(S) : 9 March 2000 JUDGMENT DATE : 9 March 2000

PARTIES : Gene Simring - Applicant Crown - Respondent JUDGMENT OF : Sheller JA; James J; Dowd J

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 98/11/0535 LOWER COURT JUDICIAL Gibson DCJ OFFICER :

COUNSEL : A J Bellanto QC - Applicant C Davenport - Crown SOLICITORS : McDonell Milne Toltz - Applicant S E O'Connor - Crown

DECISION : Application refused

IN THE COURT OF

CRIMINAL APPEAL 60095/00

SHELLER JA JAMES J DOWD J

Thursday, 9 March 2000

REGINA v Gene SIMRING JUDGMENT

1 SHELLER JA: This is an application by Gene Simring for leave to appeal to this Court from a judgment of his Honour Judge Gibson of 7 March 2000 refusing the applicant a temporary stay of a trial which had begun before his Honour pending a decision of this Court on the applicant's application for leave to appeal from the judgment of Judge Gibson. 2 This application was supported by an affidavit of Neil David Milne of 8 March 2000. 3 Four grounds were advanced by Mr Bellanto QC, who appeared for the applicant, to support the application. Mr Bellanto put his arguments and those arguments have been reported, and we have the benefit of short written submissions on behalf of the Crown. 4 We have paid careful attention to the arguments put on both sides but we are not persuaded that the leave sought by the applicant should be granted. 5 Accordingly, the application is refused. *****

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