Salter v Director of Public Prosecutions (NSW)

(2009) 75 NSWLR 392; [2009] NSWCA 357

NSW Court of Appeal

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Interrogate

Catchwords

1. Judgments and Orders
2. › Classification
3. › What is a judgment or order
4. › Decision on preliminary question of law
5. › Whether ruling on preliminary question of law constitutes an 'order'
6. › Distinction between decision and order
7. › Operative judicial act required
1. Appeal and New Trial
2. › When appeal lies
3. › Statutory jurisdiction
4. › Right of appeal from 'order'
5. › Interlocutory order in summary proceedings
6. › Whether decision on preliminary question of law is an 'interlocutory order'
7. › Crimes (Appeal and Review) Act 2001 (NSW), s 53(3)(a), s 53(3)(b)
1. Practice and Procedure
2. › Jurisdiction
3. › Supreme Court jurisdiction to hear appeal
4. › Jurisdictional challenge raised for first time on appeal
5. › Crimes (Appeal and Review) Act 2001 (NSW), s 53(3)(b)

Quick Take

A magistrate's ruling on a preliminary question of law in summary proceedings does not constitute an 'interlocutory order' within s 53(3)(b) of the Crimes (Appeal and Review) Act 2001, and therefore cannot be the subject of an interlocutory appeal to the Supreme Court. Defendants who wish to challenge such rulings must wait until after conviction and appeal under s 52(1) or s 53(1). Section 53(3)(a) similarly cannot be read as conferring a right of appeal against a mere 'decision' in committal proceedings.