NSW Caselaw
Reported Decision: 75 NSWLR 302
New South Wales Court of Criminal Appeal
CITATION: EK v R [2009] NSWCCA 4
HEARING DATE(S): 3 February 2009
JUDGMENT DATE: 5 February 2009
JUDGMENT OF: Grove J at 1; Blanch J at 2; Johnson J at 3
DECISION: The appeal is dismissed as incompetent.
CATCHWORDS: CRIMINAL LAW - appeal under s.5F Criminal Appeal Act 1912 - ruling by District Court Judge that s.306I Criminal Procedure Act 1986 applied to special hearing - tender by Crown of audio-visual recording of evidence of complainant at earlier trial - ruling on admissibility of evidence - not interlocutory judgment or order - s.5F appeal incompetent
Criminal Appeal Act 1912 Crimes Act 1900 LEGISLATION CITED: Mental Health (Criminal Procedure) Act 1990 Criminal Procedure Act 1986 Evidence Act 1995
CATEGORY: Principal judgment
R v Steffan (1993) 30 NSWLR 633 R v Glossop [2001] NSWCCA 165 R v Lavender (2002) 37 MVR 491; [2002] NSWCCA 511 Kocer v R [2006] NSWCCA 328 CASES CITED : R v Sinanovic [2001] NSWCCA 217 R v Milakovic [2004] NSWCCA 199 R v RAG [2006] NSWCCA 343 R v Daher and Tochel [2004] NSWCCA 458 Subramaniam v R [2004] HCA 51
PARTIES: EK (Appellant) Regina (Respondent)
FILE NUMBER(S): CCA 2004/13473
COUNSEL: Mr MC Ramage QC; Mr M Shaw (Appellant) Mr P Barrett; Mr T McIntosh (Respondent)
SOLICITORS: North & Badgery (Appellant) Solicitor for Public Prosecutions (Respondent)
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