Director of Public Prosecutions v Thompson

[2009] ACTCA 19

ACT Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal and new trial
3. › Reference appeal by prosecution after acquittal
4. › Whether question of law arose at or in relation to trial
5. › Exchanges in transcript between judge and counsel
6. › Whether exchanges constitute judicial holdings
7. › Supreme Court Act 1993 (ACT), s 37S
1. Practice and Procedure
2. › Judgments and orders
3. › Distinction between observations during hearing and judicial pronouncements
4. › Whether remarks by judge during argument constitute holdings

Quick Take

A DPP reference appeal under s 37S of the Supreme Court Act 1993 (ACT) must identify a question of law that was actually decided at trial, not merely raised in exchanges between judge and counsel. Exchanges in transcript during argument do not constitute judicial holdings and cannot found a reference appeal. Where an acquittal turns on a factual finding, no question of law arises for the purposes of a reference appeal.