Yehia v The Queen (No 2)

[2015] VSCA 282

Victorian Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal
3. › Leave to appeal
4. › Renewal of application for leave to appeal
5. › Application refused by two Judges of Appeal
6. › Whether right to renew exists
7. › Whether renewal competent
8. › Criminal Procedure Act 2009 (Vic), s 315
9. › Supreme Court (Criminal Procedure) Rules 2008 (Vic), r 2.08
1. Courts
2. › Court of Appeal
3. › Constitution and composition
4. › Reserve judges
5. › Appointment of judge of another State as reserve judge
6. › Whether acting as Judge of Appeal
7. › Constitution Act 1975 (Vic), ss 75A, 80B, 81, 81B
1. Practice and Procedure
2. › Jurisdiction
3. › Competence of application
4. › Erroneous invitation by Registry to renew
5. › Whether Registry error confers jurisdiction

Quick Take

The right to renew an application for leave to appeal under s 315(2) of the Criminal Procedure Act 2009 (Vic) is available only where the application was refused by a single Judge of Appeal; where two Judges of Appeal refuse the application, the matter is finally disposed of and no renewal is available. Erroneous correspondence from the Court Registry inviting renewal does not confer jurisdiction.

Case Details

Citation[2015] VSCA 282

CourtVSCA

JurisdictionVictoria

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2015Yehia v The QueenVSCA 119

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