Director Public Prosecutions v SC

[2012] ACTCA 30

ACT Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Reference appeals
3. › Jurisdiction of Court of Appeal
4. › Requirement to identify question of law
5. › Distinction between question of law and error of law
6. › Whether questions arose at or in relation to the proceeding
7. › Supreme Court Act 1933 (ACT), s 37S
1. Criminal Law
2. › Reference appeals
3. › Purpose and scope
4. › Correction of errors of law for future guidance
5. › Not designed to review acquittals or answer hypothetical questions
6. › Supreme Court Act 1933 (ACT), s 37S
1. Criminal Law
2. › Trial by judge alone
3. › Obligations of trial judge
4. › Statement of principles of law and findings of fact
5. › Supreme Court Act 1933 (ACT), ss 68B, 68C

Quick Take

A reference appeal under s 37S of the Supreme Court Act 1933 (ACT) requires the applicant to identify a question of law that actually arose at or in relation to the proceeding — it is not sufficient to identify settled legal obligations that were not in dispute and then complain that the trial judge failed to apply them. The distinction between a 'question of law' and an 'error of law' is jurisdictional: the Court of Appeal can decide the former on a reference appeal but has no jurisdiction to consider the latter.