X v R [2011] NSWCCA 202

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: X v R [2011] NSWCCA 202 Hearing dates: 1 September 2011 Decision date: 02 September 2011 Jurisdiction: Criminal Before: Simpson J at 1 Hislop J at 15 Garling J at 16 Decision: 1. Grant leave to appeal. 2. Dismiss the appeal. Catchwords: CRIMINAL LAW - application for leave to appeal against interlocutory judgment or order - s 5F(3) Criminal Appeal Act 1912 - refusal of application to quash indictment - whether indictment discloses an offence known to law - specially aggravated kidnapping - nature and scope of "advantage" within meaning of s 86(1) Crimes Act 1900 - leave granted - appeal dismissed Legislation Cited: Crimes Act 1900 Criminal Appeal Act 1912 Cases Cited: R v Robson; R v Collett, [1978] 1 NSWLR 73 R v X [2011] NSWDC 116 Category: Procedural and other rulings Parties: X (Applicant) Regina (Respondent) Representation: Counsel A Francis (Applicant) P Skinner (Respondent) Solicitors Galloways (Applicant) Director of Public Prosecutions (Respondent) File Number(s): 09/64904 Publication restriction: Yes Decision under appeal Citation: [2011] NSWDC 116 Date of Decision: 2011-08-30 00:00:00 Before: Murrell DCJ File Number(s): 09/64904

Judgment 1SIMPSON J : The applicant seeks leave, pursuant to s 5F(3) of the Criminal Appeal Act 1912, to appeal against an interlocutory order made by Murrell DCJ in the District Court on 30 August 2011 ( R v X [2011] NSWDC 116). The order in question was an order refusing an application to quash an indictment. The applicant contended that the indictment did not disclose an offence known to law.