n Compulaw - 1st Indigenous Digital Law Library
Disable Preloader

CaseLaw

State V. Adili (1989) CLR 3(b) (SC)

Brief

  • Right of appeal
  • Grounds of appeal
  • Filing appeal out of time

Facts

Accused was convicted of murder. His appeal to the Court of Appeal was upheld and he was discharged and acquitted on the 25th day of April, 1988.

88 days after the decision was handed down, the state/appellant lodged an appeal against the decision of the Court of Appeal.

Respondent brought a motion on notice in the Supreme Court attempting to get the appeal struck out or dismissed as no leave of Court was obtained by the appellant to appeal to the Supreme Court against the Court of Appeal's decision and that the appeal was filed outside the 30 days constitutionally provided time-limit.

Issues

Whether the State can bring an appeal against the decision of the Court...

Read More