Liristis v Director of Public Prosecutions

[2018] NSWCCA 196

NSW Court of Criminal Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Criminal procedure
3. › Appeal from interlocutory judgment or order
4. › Whether ruling on admissibility of evidence constitutes 'judgment' or 'order'
5. › Criminal Appeal Act 1912 (NSW), s 5F
1. Practice and Procedure
2. › Court of Appeal
3. › Supervisory jurisdiction
4. › Whether Court of Appeal has jurisdiction to review ruling on admissibility of evidence in District Court criminal proceedings
5. › Interference with criminal trial
6. › Discretionary refusal of relief
7. › Supreme Court Act 1970 (NSW), ss 23, 69

Quick Take

Rulings on the admissibility of evidence in criminal proceedings remain outside the scope of interlocutory appeals under s 5F of the Criminal Appeal Act 1912 (NSW), and the supervisory jurisdiction of the Court of Appeal will not be exercised to review such rulings. If such rulings are erroneous, the remedy lies in an appeal following conviction.