NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION : ATTORNEY-GENERAL v CURRAN [2004] NSWCCA 234 HEARING DATE(S) : 5 July 2004 JUDGMENT DATE : 9 July 2004
JUDGMENT OF : Sheller JA at 1; Sperling J at 24; Adams J at 25 DECISION : 1 Extension of the time for filing the stated case is refused; 2 Accordingly, the Court refuses to answer the question of law submitted because the question was submitted out of time.
CATCHWORDS : INDECENT ASSAULT - stated case out of time - 13 month delay - s5B(2) Criminal Appeal Act 1912 - whether likelihood wrongful acquittal - s428D Crimes Act 1900 - delay largely unexplained - consideration of prejudice caused by delay - whether Attorney-General had standing to bring stated case Crimes Act 1900 LEGISLATION CITED : Criminal Appeal Act 1912 Director of Public Prosecutions Act 1986 Justice Legislation Amendment (Non-association and Place Restriction) Act 2001 CASES CITED : Gallo v Dawson (1960) 64 ALJR 458 PARTIES : Appellant - Attorney-General Respondent - Matthew Curran FILE NUMBER(S) : CCA 60152/04 COUNSEL : R D Cogswell SC/P F Singleton E Wasilenia SOLICITORS : I V Knight Goode & Corry
LOWER COURT District Court JURISDICTION : LOWER COURT 02/22/1668 FILE NUMBER(S) : LOWER COURT Morgan DCJ JUDICIAL OFFICER :
IN THE COURT OF CRIMINAL APPEAL 60152/04
SHELLER JA SPERLING J ADAMS J
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