JW v R [2016] NSWCCA 26

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: JW v R [2016] NSWCCA 26 Hearing dates: 18 February 2016 Date of orders: 19 February 2016 Decision date: 26 February 2016 Before: Simpson JA Decision: Notice of Motion dismissed. Catchwords: JURISDICTION – Court of Criminal Appeal – Criminal Appeal Act 1912 (NSW), s 5F – order sought for stay of criminal proceedings in the District Court – order sought to set aside interlocutory judgement or order of District Court – order sought to remit criminal proceedings to the Children's Court – single judge sitting alone – Criminal Appeal Act 1912 (NSW), s 22 – whether a single judge sitting alone in the Court of Criminal Appeal has jurisdiction to make the interim orders sought – orders sought do not come within the powers under s 22 – Notion of Motion dismissed Legislation Cited: Children (Criminal Proceedings) Act 1987 (NSW) Crimes Act 1900 (NSW), s 52A Criminal Appeal Act 1912 (NSW), ss 3(1), 5F, 22 Cases Cited: JW v District Court of New South Wales [2016] NSWCA 22 Category: Principal judgment Parties: JW (Applicant) Regina (Respondent) Representation: Counsel: I Bourke SC/S Fraser (Applicant) C A Webster SC (Respondent)

Solicitors: O'Brien Solicitors (Applicant) Office of the Director of Public Prosecutions (Respondent) File Number(s): 2014/177390 Publication restriction: Non-publication of any information or material that may lead to the identification of the applicant (Children (Criminal Proceedings) Act 1987 (NSW), s 15A) Decision under appeal Court or tribunal: District Court Date of Decision: 4 February 2016 Before: Sides DCJ File Number(s): 2014/177390