Clarkson v Commissioner of Corrective Services, New South Wales

[2007] NSWCA 58

NSW Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal and Review
3. › Stated Case
4. › Reservation of questions of law
5. › Whether trial judge reserved questions under s 72 Judiciary Act 1903 (Cth)
6. › Whether formal order required
7. › Judiciary Act 1903 (Cth), s 72
1. Criminal Law
2. › Appeal and Review
3. › Stated Case
4. › Waiver of right to stated case
5. › Whether accused impliedly waived right to have case stated by failing to submit draft or raise matter at sentencing
6. › Judiciary Act 1903 (Cth), s 72
1. Practice and Procedure
2. › Waiver
3. › Waiver of statutory rights
4. › Whether statutory right introduced for benefit of party may be waived
5. › Distinction between rights personal to applicant and rights enacted for public interest
6. › Judiciary Act 1903 (Cth), s 72

Quick Take

The right to have a case stated under s 72 of the Judiciary Act 1903 (Cth) may be impliedly waived by conduct, including failure to submit a draft stated case or raise the matter at sentencing hearings. No particular form of words is required for a trial judge to reserve a question of law under s 72(1).