NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: SELIM v REGINA [2006] NSWCCA 378
HEARING DATE(S): 10 November 2006
JUDGMENT DATE: 10 November 2006
JUDGMENT OF: McClellan CJ at CL at 1; Hulme J at 38; Rothman J at 40
DECISION: 1. Leave should be refused; 2. Application dismissed.
CATCHWORDS: CRIMINAL LAW - 5F APPEAL - validity of indictment - duplicity - latent - patent - meaning of " contemplation of judicial proceedings" - whether leave to appeal should be granted - principles applying to appeals of interlocutory decisions
Criminal Appeal Act 1912 (NSW) Crimes Act 1914 (Cth) LEGISLATION CITED: Criminal Code (Cth) Criminal Procedure Act 1986 (NSW) Trade Practices Act 1974 (Cth) Therapeutic Goods Act 1989 (Cth)
Kang v Kwan [2002] NSWSC 1187 R v Ensbey; ex parte A-G (Qld) [2004] QCA 335 CASES CITED: R v Janceski (2005) 64 NSWLR 10 R v O'Halloran (2000) 182 ALR 431 Romeyko v Samuels (1972) 2 SASR 529
PARTIES: James Selim (Appl) The Crown
FILE NUMBER(S): CCA 2006/2572
COUNSEL: P Byrne SC/G Bashir/S Buchen (Appl) P S Hastings QC/R J Bromwich (Crown)
SOLICITORS: Aitken McLachlan Thorpe Lawyers (Appl) Commonwealth Director of Public Prosecutions (Crown)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 05/11/0708
LOWER COURT JUDICIAL OFFICER: Sorby DCJ
LOWER COURT DATE OF DECISION: 7 November 2006
IN THE COURT OF CRIMINAL APPEAL 2006/2572
McCLELLAN CJ at CL HULME J ROTHMAN J
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