TERMINATING RULINGS

October 22, 2014

The requirement in the Criminal Procedure Rules 2014 Pt 67 to give immediate notice of an intention to seek permission to appeal against a terminating ruling was a mandatory pre-condition to establish appeal jurisdiction. Prosecution counsel’s failure to give such notice, where he had withdrawn from the case due to professional embarrassment but remained ostensibly holding the prosecution brief, meant that the court lacked jurisdiction to consider an application for permission to appeal.

ABSENCE OF JURISDICTION ADJOURNMENT COUNSEL’S FAILURE TO GIVE NOTICE OF INTENTION TO SEEK PERMISSION TO APPEAL CRIMINAL PROCEDURE CRIMINAL PROCEDURE RULES 2014 Pt 67 DELAY EFFECT OF CRIMINAL PROCEDURE RULES 2014 PT 67 UPON APPEAL JURISDICTION LEGAL PROFESSION PROFESSIONAL EMBARRASSMENT PROSECUTION APPEALS PROSECUTION CASE r.67.2(2)(a) RAPE TERMINATING RULINGS

March 27, 2012

The judge had been wrong to direct the acquittal of two of the four defendants in a case involving an allegation of the sexual abuse of a 13-year-old girl; evidence of collusion between the complainant and a witness might be used to cast doubt on their reliability and truthfulness but it should not have been used as a reason for stopping the case.

ACQUITTALS COLLUSION CRIMINAL EVIDENCE CRIMINAL PROCEDURE IDENTIFICATION RELIABILITY SEXUAL OFFENCES TERMINATING RULINGS WHETHER JUDGE CORRECT TO DIRECT ACQUITTAL OF TWO OF FOUR DEFENDANTS

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