Einfeld v R [2008] NSWCCA 215

Reported Decision: [2009] ALMD 1365[2009] ALMD 1391189 A Crim R 19271 NSWLR 31252 ALR 37551 MVR 200

New South Wales Court of Criminal Appeal

CITATION: Einfeld v R [2008] NSWCCA 215 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 17/6/08

JUDGMENT DATE: 14 October 2008

JUDGMENT OF: Bell JA at 1; Hulme J at 1; Latham J at 1

1. Grant leave under s 5F(3) of the Criminal Appeal Act 1912; DECISION: 2. Allow the appeal and set aside James J's order dismissing the relief claimed in prayer 2 of the Notice of Motion filed on 15 April 2008; 3. Quash counts 1 to 5 in the indictment dated 21 January 2008

CATCHWORDS: CRIMINAL LAW – appeal s 5F(3) – demurrer/application to quash counts in indictment – jurisdiction – applicant not arraigned on indictment. - CRIMES ACT – perverting the course of justice – definition s 312 meaning of "administration of the law" in offence in s 319 – statutory interpretation – assumption against extending the scope of a penal statute

Annual Holidays Act 1944 Bio Fuel (Ethanol Content) Act 2007 Crimes Act 1900 (NSW) Crimes Act 1914 (Cth) Crimes Amendment (Gang and Vehicle Related Offences) Act 2001 Crimes Amendment (Sexual Offences) Act 2003 (NSW) Crimes Legislation Amendment (Procedure) Act 1997 (NSW) Crimes (Public Justice) Amendment Act 1990 Criminal Appeal Act 1912 (NSW) Criminal Appeal (Amendment) Act 1987 Criminal Code (Qld) LEGISLATION CITED: Criminal Code (WA) Criminal Code Consolidation Act 1935 (SA) Criminal Procedure Act 1986 (NSW) Fines Act 1996 (NSW) Interpretation Act 1967 (NSW) Interpretation Act 1987 (NSW) Justices Act 1902 Mental Health (Criminal Procedure) Act 1990 (NSW) Oaths Act 1900 (NSW) Road Transport (General) Act 1999 (NSW) Statutes Amendment and Repeal (Public Offences) Act 1992 Statutory Declaration Act 1959 (Cth) Traffic Act 1909 (NSW)