REGINA v TONIA PIPER [2005] NSWCCA 134

New South Wales Court of Criminal Appeal

CITATION: REGINA v TONIA PIPER [2005] NSWCCA 134

HEARING DATE(S): 07/04/2005

JUDGMENT DATE: 7 April 2005

JUDGMENT OF: Spigelman CJ at 1/15; Studdert J at 16; Greg James J at 2

DECISION: Appeal dismissed

CATCHWORDS: Criminal law - interlocutory appeal by Crown - challenge to ruling on admissibility - not a judgment or order - appeal incompetent.

Mental Health (Criminal Procedure) Act, 1990 LEGISLATION CITED: Crimes Act 1900 Criminal Appeal Act 1912

R v S [1979] 2 NSWLR 1 R v Andrew Michael Hennessy (1989) 89 CAR 10 R v Adamson ( 31 January 2005) NSWCCA 7 R v Steffan (1993) 30 NSWLR 633 CASES CITED: R v Neil Joseph Lethlean (1995) 83 A Crim R 197 Powch (1988) 14 NSWLR 136 Rogerson (1990) 45 A Crim R 253 R v Snow (1915) 20 CLR 315 R v Bozatsis and Spanakakis (1997) 97 A Crim R 296

PARTIES: REGINA v TONIA PIPER

FILE NUMBER(S): CCA No. 394 of 2005

Crown-D.Frearson SC, J.Girdham COUNSEL: Respondent-R.Hulme SC, H.Allan

LOWER COURT JURISDICTION: District Court

LOWER COURT JUDICIAL OFFICER: Hosking DCJ

IN THE COURT OF CRIMINALAPPEAL

No. 394 of 2005

SPIGELMAN CJ STUDDERT, J. GREG JAMES, J.

THURSDAY 7 APRIL2005 REGINA v TONIA PIPER

JUDGMENT

1 SPIGELMAN CJ: I invite Greg James J to deliver the first judgment.

2 GREG JAMES J: Relying upon s 5F (2), the Director of Public Prosecutions seeks to appeal against what is asserted to be an interlocutory judgment or order given or made in proceedings in the District Court of New South Wales during a trial by judge alone of the respondent on an indictment containing one count that she drove dangerously, causing the death of Ms Fallow and on another count that she, by driving dangerously caused grievous bodily harm to Carl Wong.