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Case information
Lower Court Judgment
17/04/2015 Supreme Court of New South Wales (Court of Appeal) (Meagher JA, Hoeben JA, Leeming JA)
Catchwords
Constitutional law – Commonwealth places – Service and Execution of Process Act 1992 (Cth) (‘Act’) s 89(4) – Where appellant pleaded guilty to a number of fraud offences in New South Wales – Where appellant failed to appear for sentencing – Where appellant was charged with unrelated offences in Victoria – Where appellant escaped custody whilst in an airport and was apprehended shortly after – Where appellant was charged with attempting to escape from lawful custody contrary to s 310D Crimes Act 1900 (NSW) – Whether when applying a criminal offence provision by virtue of s 89(4) of the Act is the prosecution relieved of the burden of proving all elements of the offence – Whether s 89(4) of the Act is an offence creating provision.
Documents
13/11/2015 Hearing (SLA, Sydney)
26/11/2015 Notice of appeal
11/12/2015 Written submissions (Appellant)
11/12/2015 Chronology (Appellant)
04/01/2016 Written submissions (Respondent)
18/01/2016 Reply
11/02/2016 Hearing (Full Court, Canberra) (Audio-visual recording)
06/04/2016 Judgment (Judgment summary)