Re Application by Simon Monteiro

[2022] NSWCCA 10

NSW Court of Criminal Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal
3. › Interlocutory applications
4. › Production of documents and attendance of witnesses
5. › Section 12 Criminal Appeal Act 1912 (NSW)
6. › Whether orders should be made
1. Criminal Law
2. › Appeal
3. › Jurisdiction of Court of Criminal Appeal
4. › Whether Court of Criminal Appeal has jurisdiction to set aside Extended Supervision Order made by Supreme Court
5. › Crimes (High Risk Offenders) Act 2006 (NSW)
1. Practice and Procedure
2. › Superior courts of record
3. › Validity of orders
4. › Orders valid unless and until set aside by court of competent jurisdiction
5. › Whether orders made in excess of jurisdiction are valid until set aside

Quick Take

Orders of a superior court of record, including Extended Supervision Orders and Interim Supervision Orders made under the Crimes (High Risk Offenders) Act 2006 (NSW), cannot be collaterally attacked in the Court of Criminal Appeal. The validity of such orders is irrelevant to whether an offence of breaching them was committed.