Tritton v Clarke

[2018] NSWCCA 31

NSW Court of Criminal Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal
3. › Case stated from District Court
4. › Criminal Appeal Act 1912 (NSW), s 5B
5. › Whether questions submitted were questions of law
6. › Whether stated case procedure requires particular form
1. Criminal Law
2. › Appeal
3. › Case stated
4. › Limitations of stated case procedure
5. › Court confined to material in stated case
6. › Findings of fact not open to challenge
7. › Not an avenue of appeal on questions of fact
1. Criminal Law
2. › Fisheries offences
3. › Defence under s 35(2) Fisheries Management Act 1994 (NSW)
4. › Person could not reasonably have known fish illegally taken
5. › Whether defence requires consideration of surrounding circumstances
1. Criminal Law
2. › Appeal
3. › Extension of time
4. › Case stated from District Court
5. › Criminal Appeal Act 1912 (NSW), s 5B(2)
6. › Whether time should be extended where questions inappropriate to answer

Quick Take

The stated case procedure under s 5B of the Criminal Appeal Act 1912 (NSW) does not provide a general avenue of further appeal. A complaint that the primary judge did not fully find the primary facts is not a question of law. The Court left open whether s 5B actually requires the stated case form, noting the heading is not part of the Act.