Hall v R [2015] NSWCCA 298

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Hall v R [2015] NSWCCA 298 Hearing dates: 20 November 2015 Decision date: 30 November 2015 Before: Simpson JA at [1] Johnson J at [2] Davies J at [66] Decision: Leave to appeal refused upon the basis that the application is incompetent. Catchwords: CRIMINAL LAW - application for leave under s.5F Criminal Appeal Act to appeal against decision of a Magistrate - Applicant charged with a number of offences, including Table 1 and Table 2 offences - prosecution elected to have charges proceed on indictment - election not made within time allowed under s. 263(1) Criminal Procedure Act - Magistrate granted leave to prosecution under s. 263(2) to elect out of time for charges to proceed on indictment - whether application for leave to appeal under s. 5F competent - Magistrate's decision not made during committal proceedings and was not an "interlocutory judgment or order" - application for leave not competent - consideration of proper construction and application of s. 263(2) - application refused

WORDS AND PHRASES - "special circumstances" - Criminal Procedure Act 1986 (NSW), s 263(2) Legislation Cited: Crimes (Appeal and Review) Act 2001 Crimes (Sentencing Procedure) Act 1999 Criminal Appeal Act 1912 Criminal Procedure Act 1986 Interpretation Act 1987 Local Court Act 2007 Supreme Court Act 1970 Cases Cited: AF v R [2015] NSWCCA 35 Attorney General (NSW) v Chidgey [2008] NSWCCA 66; 182 A Crim R 536 Attorney General (NSW) v Stuart (1994) 34 NSWLR 667 B v Gould (1993) 67 A Crim R 297 D (A Child) v White (1988) VR 87 Director of Public Prosecutions (NSW) v Hall [2015] NSWLC 12 Expile Pty Limited v Jabb's Excavation Pty Limited [2002] NSWSC 851; 194 ALR 138 Hall v Director of Public Prosecutions [2015] NSWSC 839 Iqbal v R [2012] NSWCCA 72 R v Colby; R v Kennedy (1995) 84 A Crim R 125 R v O'Meara [2001] NSWCCA 340 R v Simpson [2001] NSWCCA 534; 53 NSWLR 704 Salter v Director of Public Prosecutions (NSW) [2009] NSWCA 357; 75 NSWLR 392 Secretary, Department of Family and Community Services v Chamberlain [2002] FCA 67 Tez v Longley [2004] NSWSC 74; 142 A Crim R 122 Zreika v R [2012] NSWCCA 44; 223 A Crim R 460 Texts Cited: --- Category: Principal judgment Parties: Jason Daniel Hall (Applicant) Regina (Respondent) Representation: Counsel: Ms A Hawkins (Applicant) Mr J Pickering SC (Respondent)