NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: DIRECTOR OF PUBLIC PROSECUTIONS (NSW) v NICHOLSON [2009] NSWCCA 262
HEARING DATE(S): 20 October 2009
JUDGMENT DATE: 20 October 2009
JUDGMENT OF: Basten JA at 1; Fullerton J at 1; McCallum J at 1
EX TEMPORE JUDGMENT DATE: 20 October 2009
DECISION: 1. Direct the Respondent, if he seeks to challenge the validity of s 68A of the Crimes (Appeal and Review) Act 2001 (NSW), to file and serve a notice of intention to raise a constitutional issue. 2. Adjourn the matter to the Registrar's list on 29 October 2009.
CATCHWORDS: PRACTICE & PROCEDURE - criminal appeal - appeal by Director of Public Prosecutions against sentence - adjournment sought to allow for consideration of Constitutional challenge - Crimes (Appeal and Review) Act 2001 (NSW), s 68A
Criminal Appeal Act 1912 (NSW), s 5D LEGISLATION CITED: Crimes (Appeal and Review) Act 2001 (NSW), s 68A Judiciary Act 1903 (Cth), s 78B
PARTIES: Director of Public Prosecutions (NSW) - Appellant Roy William Nicholson - Respondent
FILE NUMBER(S): CCA 2007/13398
COUNSEL: P Leask - Appellant J Manuell SC - Respondent
SOLICITORS: S Kavanagh, Solicitor for Public Prosecutions - Appellant S O'Connor, Legal Aid Commission - Respondent
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 07/11/1020
LOWER COURT JUDICIAL OFFICER: English DCJ
LOWER COURT DATE OF DECISION: 22 May 2009
IN THE COURT OF CRIMINAL APPEAL CCA 2007/13398
BASTEN JA FULLERTON J McCALLUM J
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