Director of Public Prosecutions (Cth) v Pratten

[2016] NSWCCA 322

NSW Court of Criminal Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Adjournment
3. › Criminal appeal
4. › Application to adjourn prosecution appeals against inadequacy of sentence
5. › Pending application for removal of proceedings to High Court
6. › Whether High Court application raised arguable issue
7. › Whether current proceedings should be adjourned until removal application considered by High Court
8. › Judiciary Act 1903 (Cth), ss 40, 78B
1. Practice and Procedure
2. › Adjournment
3. › Criminal appeal
4. › Non-receipt of appeal materials by respondent in custody
5. › Whether adjournment warranted where respondent represented by counsel
1. Constitutional Law (Cth)
2. › Judicial power
3. › Whether determination of financial advantage in criminal proceedings involved exercise of administrative function
4. › Whether issue arguable
5. › Constitution, Ch III
1. Practice and Procedure
2. › Notice to Attorneys General
3. › Section 78B Judiciary Act 1903 (Cth)
4. › Whether obligation to give notice engaged where constitutional issue frivolous or unarguable

Quick Take

Section 78B of the Judiciary Act 1903 (Cth) does not require a court to refrain from proceeding where the constitutional issue purportedly raised is frivolous, vexatious or unarguable. A represented party's personal non-receipt of appeal materials does not warrant adjournment where counsel is briefed and prepared. An unfiled conviction appeal (where only a notice of intention has been lodged) does not warrant adjournment of listed prosecution sentence appeals.