A proposed stated case under s 5B of the Criminal Appeal Act 1912 (NSW) must identify the specific element of the offence in issue and the findings of fact relied upon to support that element; failure to do so means no question of law is raised and a refusal to state a case will not be disturbed on judicial review.
The full text is available to signed-in members, including the 3 later cases that cite this judgment.
3 of the 3 citing cases carry a classified treatment. How each court treated it is available to signed-in members.