Collier v Cook & Ors

[2012] NSWCA 50

NSW Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Practice and procedure
3. › Stay of proceedings
4. › Stay of criminal proceedings pending appeal
5. › Whether exceptional circumstances exist to justify intervention in incomplete criminal proceedings
6. › Whether stay available to prevent outcome merely feared
1. Appeal
2. › Practice and procedure
3. › Stay of proceedings
4. › Stay of order already carried into effect
5. › Whether stay of executed order is possible
1. Practice and Procedure
2. › Prerogative relief
3. › Criminal proceedings
4. › Whether irregularities in sentencing conditions go to jurisdiction
5. › Crimes (Sentencing Procedure) Act 1999 (NSW), ss 95A, 96, 97

Quick Take

A stay of proceedings cannot be granted to prevent an anticipated but unproven outcome in criminal proceedings. The impossibility of staying an order already carried into effect is confirmed. Failure to comply with s 96 of the Crimes (Sentencing Procedure) Act 1999 (NSW) does not invalidate a good behaviour bond and does not give rise to jurisdictional error.