Director of Public Prosecutions (SA) v B

[1998] HCA 45
Judgment date
Case number
A51/1997
Before
Gaudron, McHugh, Gummow, Kirby, Hayne JJ
Catchwords

Criminal law – Practice and procedure – Prosecution attempted to enter nolle prosequi – Whether court has power to refuse to accept entry of nolle prosequi – Jurisdiction of Full Court of Supreme Court to answer questions reserved – Whether questions arose "at the trial" – Time at which criminal trial upon an information begins – No power to issue advisory opinion.

Words and phrases – "at the trial".

Criminal Law Consolidation Act 1935 (SA), ss 285A, 350.