The High Court As De Facto Court of Appeal: A Revisitation of Leave Requirements in the Criminal and Family Court Jurisdictions
16 Pages Posted: 4 Jun 2019
Date Written: March 1, 2019
Abstract
The High Court almost always sits in its judicial capacity with a single Judge. The exceptions are limited. This article is concerned with the expanded constitution of the High Court in the exercise of its criminal and family court jurisdictions, and with the opinion expressed in some recent cases that the enlarged three-judge panel of the High Court might in these contexts be viewed as a de facto Court of Appeal. Upon a contemplation of the consequences said to result from such occasional expansions of the court, it is suggested in this article that the practice, while defensibly founded on practical necessity, should also lead to consideration of another method that could achieve the same outcome.
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