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Sunday, 31 October 2010

DPP appeal in Kypri unsuccessful?

Further Edit: The Court of Appeal have handed down their decision in Kypri. See our discussion of it here.








Edit A colleague rang me this morning to say he hears leave to appeal was granted. That sure don't sound like a 'failure', so it seems my first thoughts below were a bit premature!






The Herald-Sun reports today that the DPP appeal against DPP v Kypri [2010] VSC 400 'failed' on Friday. I guess that means leave to appeal was refused. (I discussed the Supreme Court judgment in Kypri here in September.)



The Supreme Court's lists show the appeal was listed for 9:30 AM last Thursday 28 Oct in the Red Court before Harper and Hansen JJ, but there's no result available online. Yet. Assuming one will be.



It could be that if leave to appeal was refused, there will be no 'judgment', especially given the Court of Appeal previously dealt with the same point when it refused leave to appeal in Clarke v Goodey.



Unless the HUN has it wrong, it seems the police now have to reconsider their model charge-wording for refusal charges.

2 comments:

Anonymous said...

Hi,
I think you'll find that the HUN article's reference to "unsuccessful" appeal referred to the supreme court decision at first instance. I spoke with counsel for Kypri on Friday afternoon and the DPP did in fact get leave on Friday to appeal to the court of Appeal. Furthermore, I understand the hearing of the matter by the Court of Appeal will be fast tracked given the number of matters currently adjourned in the Magistrates Court because of the uncertainty.

Anonymous said...

Uncertainty??? dont think so, has already been tossed out by 3 courts.I would think DPP are more worried about the thousand,s of motor,s that they have already convicted,fined,loss of license,jailed,on said same charges which have been proven illegal for a better word, and now wasting tax payers money again to cover there mistake,s??? and i use that word lightly.