DPP v Singh

(2012) 34 VR 364; [2012] VSCA 167

Victorian Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Trial
3. › No case to answer
4. › Ruling upholding no case submission
5. › Whether ruling constitutes 'interlocutory decision'
6. › Whether Crown entitled to interlocutory appeal
7. › Criminal Procedure Act 2009 (Vic), ss 3, 241, 295
1. Criminal Law
2. › Appeal
3. › Crown appeals
4. › Fundamental principle that Crown has no right of appeal from acquittal
5. › Irresistibly clear language required to alter fundamental principle
6. › No case ruling leading to acquittal not amenable to interlocutory appeal
1. Statutory Interpretation
2. › Principle of legality
3. › Fundamental rights and principles
4. › Irresistibly clear language required to abrogate fundamental principle
5. › Definition of 'interlocutory decision'
6. › Criminal Procedure Act 2009 (Vic), s 3

Quick Take

A trial judge's ruling upholding a no case to answer submission is not an 'interlocutory decision' under s 3 of the Criminal Procedure Act 2009 (Vic) and cannot be the subject of an interlocutory appeal by the Crown under Division 4 of Part 6.3 of that Act. The fundamental principle that the Crown has no right of appeal from an acquittal following a trial on indictment is unaffected by the CPA's interlocutory appeal provisions.