Regina v Xin Gong [2002] NSWCCA 43

New South Wales Court of Criminal Appeal

CITATION : Regina v Xin Gong [2002] NSWCCA 43 FILE NUMBER(S) : CCA 60580/01 HEARING DATE(S) : 6 February 2002 JUDGMENT DATE : 6 February 2002

PARTIES : Regina Xin Gong JUDGMENT OF : Wood CJ at CL at 10&12; Sully J at 1; Dowd J at 11

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 01/11/0162 LOWER COURT JUDICIAL Nield DCJ OFFICER :

COUNSEL : M. Allnutt - Crown B. Levet - Applicant SOLICITORS : Commonwealth DPP Duker & Associates - Applicant

LEGISLATION CITED : Financial Transaction Reports Act 1988 Criminal Appeal Act DECISION : No jurisdiction to entertain proceedings

IN THE COURT OF CRIMINAL APPEAL 60580/01

WOOD CJ at CL SULLY J DOWD J

Wednesday 6 February 2002 regina v xin gong Judgment 1 SULLY J: Before the Court is an application which purports to be an appeal brought pursuant to s5F of the Criminal Appeal Act against an interlocutory judgment of his Honour Judge Nield of the District Court. 2 Section 5F applies, relevantly, to proceedings for the prosecution of offenders on indictment in the District Court. The Attorney General or the Director of Public Prosecutions has an appeal as of right against an interlocutory judgment given or made in proceedings to which this section applies. 3 Any other party to such proceedings does not have such a right of appeal, but may appeal pursuant to s5F either with the leave of this Court, or without the need to obtain first such leave if in the particular case the Judge who has given the interlocutory judgment certifies that the judgment is an appropriate one for determination on appeal. 4 His Honour Judge Nield has given a certificate which purports to satisfy those latter requirements of s5F. The certificate refers to the desirability, in his Honour's view, of the determination on appeal of the question whether he was in error in holding that: