Tran v Stevenson

[2021] VSCA 198

Victorian Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Interlocutory appeal
3. › Jurisdiction of Court of Appeal
4. › Whether interlocutory appeal lies from decision made in course of appeal from Magistrates' Court to County Court
5. › Whether 'proceeding in the County Court for the prosecution of an indictable offence' includes appellate jurisdiction
6. › Criminal Procedure Act 2009 (Vic), ss 3, 295, 296, 297
1. Statutory Interpretation
2. › Text, context and purpose
3. › Meaning of statutory provision determined by reference to entire Act
4. › Avoiding construction that renders other provisions otiose
5. › Use of extrinsic materials
6. › Criminal Procedure Act 2009 (Vic), s 295(1)
7. › Interpretation of Legislation Act 1984 (Vic), s 35

Quick Take

Section 295(1) of the Criminal Procedure Act 2009 (Vic) applies only to proceedings in the County Court or Trial Division of the Supreme Court in their original jurisdiction for the trial of indictable offences. No interlocutory appeal lies to the Court of Appeal from a decision made in the course of an appeal from the Magistrates' Court to the County Court, even where the offence is an indictable offence tried summarily. The only mechanism for the Court of Appeal to play a role in County Court appeals is the case stated procedure under s 302A.