The District Court held it was functus officio and had no jurisdiction to amend a case stated for the Court of Criminal Appeal under s 5B(2) of the Criminal Appeal Act 1912 after final orders had been made, distinguishing the position under s 5AE where proceedings remain on foot. The Court also held that even if jurisdiction existed, the amendment would breach the 28-day time limit in s 5B(2) absent leave from the Court of Criminal Appeal, which had not been sought. Additionally, discretionary grounds supported refusal given the lateness of the application shortly before the CCA hearing and after the appellant had filed submissions.
The full text is available to signed-in members.