Nicholson v The Queen [2017] NSWCCA 38

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Nicholson v The Queen [2017] NSWCCA 38 Hearing dates: 14 March 2017 Date of orders: 14 March 2017 Decision date: 14 March 2017 Before: Hoeben CJ at CL at [1] Garling J at [2] Beech-Jones J at [48] Decision: (1) Application for Leave to Appeal filed 7 December 2016 be dismissed; (2) Application for Leave to appeal filed 1 February 2017 be dismissed. Catchwords: CRIMINAL LAW – appeal against interlocutory judgment or order – whether a Basha inquiry is an interlocutory judgment or order – no interlocutory judgment or order made by trial judge – application for leave to appeal dismissed Legislation Cited: Crimes Act 1900 Criminal Appeal Act 1912 Criminal Procedure Act 1986 Evidence Act 1995 Cases Cited: Attorney General for New South Wales v Dylan Chidgey [2008] NSWCCA 65 Kocer v R [2006] NSWCCA 328 KS v Veitch [2012] NSWCCA 186 R v Basha (1989) 39 A Crim R 337 R v Bozatsis & Spanakakis (1997) 97 A Crim R 296 R v F [2002] NSWCCA 125 R v Steffan (1993) 30 NSWLR 633 Texts Cited: Not Applicable Category: Principal judgment Parties: Bruce Frederick Nicholson (Applicant) The Queen (Respondent) Representation: Counsel: T Edwards (Applicant) N Adams (Respondent) G Bashir SC (Protected Confider)