R v JT [2017] NSWCCA 272

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: R v JT [2017] NSWCCA 272 Hearing dates: 27 September 2017 Decision date: 24 November 2017 Before: Hoeben CJ at CL at [1] Latham J at [2] N Adams J at [3] Decision: (1) Appeal allowed. (2) The stay ordered by the primary judge on 10 July 2017 be set aside. Catchwords: INTERLOCUTORY APPEAL – appeal by Crown pursuant to s 5F(2) Criminal Appeal Act 1912 (NSW) – where trial judge stayed indictment pending the provision of further particulars – whether trial judge erred in finding that the relevant counts suffered from latent ambiguity such that further particulars required Legislation Cited: Children (Criminal Proceedings) Act 1987 (NSW) Crimes Act 1900 (NSW), ss 61M(2), 66A(1) Criminal Appeal Act 1912 (NSW), s 5F(2) Criminal Procedure Act 1986 (NSW), ss 130A, 306V Cases Cited: RG v R [2010] NSWCCA 173 S v The Queen (1989) 168 CLR 266 Yildiz v R [2006] NSWCCA 97 Texts Cited: LexisNexis Butterworths, Criminal Practice and Procedure NSW Category: Procedural and other rulings Parties: Regina (Appellant) JT (Respondent) Representation: Counsel: Ms M Cinque SC (Appellant) Mr S Fraser (Respondent)

Solicitors: Solicitor for Public Prosecutions (Appellant) PJM Lawyers (Respondent) File Number(s): 2016/00139794; 2016/00138470 Decision under appeal Court or tribunal: District Court of NSW Jurisdiction: Criminal Date of Decision: 10 July 2017 Before: Bennett SC DCJ File Number(s): 2016/00138470; 2016/00139794