Regina v OM

(2011) 212 A Crim R 293; [2011] NSWCCA 109

NSW Court of Criminal Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Offences against public justice
3. › Perverting the course of justice
4. › Scope of offence under s 319 Crimes Act 1900 (NSW)
5. › Whether providing false information to police during investigation capable of constituting offence
6. › Whether common law concept narrowed by Einfeld v R
7. › Whether curial proceedings must be on foot
8. › Crimes Act 1900 (NSW), ss 312, 319
1. Criminal Law
2. › Appeal
3. › Crown appeal against interlocutory ruling
4. › Jurisdiction of Court of Criminal Appeal
5. › Whether ruling without formal order constitutes order capable of appeal
6. › Whether s 5C or s 5F(2) Criminal Appeal Act engaged
7. › Criminal Procedure Act 1986, ss 5C, 5F(2)
1. Practice and Procedure
2. › Interlocutory orders
3. › Distinction between ruling and order
4. › Substance over form in characterising decisions
5. › Whether preliminary ruling has necessary element of finality for appellate jurisdiction

Quick Take

The scope of the offence of perverting the course of justice under s 319 of the Crimes Act 1900 (NSW) is not narrower than the common law offence as explained in R v Rogerson; Einfeld v R held only that s 312 did not enlarge the offence to cover obstruction of government bodies generally, not that it excluded conduct directed at police investigations where the accused contemplated possible curial proceedings. A Crown appeal under s 5C or s 5F(2) requires a formal order to have been made; a preliminary ruling without an order does not engage appellate jurisdiction.