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Brighton v RSPCA (NSW) [2023] NSWSC 1653
A Supreme Court judge, sitting alone, himself described this case as ‘arguably interesting’, involving, as it did, an unprovoked attack on a camel named Alice, the ‘barbaric’ killing of a dog by the owner, summary conviction, a successful appeal, remittal, and the eventual imposition of an ‘extraor
R v Perrin [2022] NSWCCA 170
In this decision the Court of Criminal Appeal (‘CCA’) has determined that, for the purposes of the 5-year Local Court jurisdictional sentencing limit in s 58 of the Crimes (Sentencing Procedure) Act, the question of whether there is an ‘existing sentence’ is to be addressed as at the day on which se
McNab v Director of Public Prosecutions (NSW) [2021] NSWCA 298
In this decision the Court of Appeal has held that the District Court appeal jurisdiction requires an appellant to establish ‘error’ – even if it is unhelpful to describe the jurisdiction as being ‘error-based’. More to the point, the error might simply be that the magistrate should not have been co
Huynh v R [2021] NSWCCA 148
The Court of Criminal Appeal (‘CCA’) has held that, in appeals to the District Court, if the original sentence included a conviction and the appellant a mental health diversion, they need to lodge a conviction appeal, not just a sentence appeal – under both Commonwealth and State regimes. A convicti
Stoneham v Director of Public Prosecutions (NSW) [2021] NSWSC 735
This single-judge decision provides that it will be an error if a Magistrate adjourns a sentence to get around the Local Court 5-year jurisdictional limit for offenders already serving a sentence.
Johnston v Director of Public Prosecutions (NSW) [2021] NSWSC 333
In this decision of a single judge of the Supreme Court, it has been held when the prosecution wants to elect for a matter to be dealt with on indictment, the key event when talking about time limits is that the communication of the election, either orally to the Local Court, or by filing a notice.
Lacey (a pseudonym) v Attorney General for New South Wales [2021] NSWCA 27
In this decision the Court of Appeal has held that the Local Court (and so the Children’s Court) has power to impose a conditional permanent stay of proceedings – potentially including, at least in these circumstances, the power to order that the matter must be stayed unless heard by a female magist
Devitt v Ross [2018] NSWSC 1675
It is not uncommon for defendants to lodge District Court appeals completely out of time – that is, even after the three month period where they can still seek leave to appeal. However, what should happen when a District Court appeal is out of time, and a Supreme Court appeal is also lodged in an at
Director of Public Prosecutions (NSW) v Kmetyk [2018] NSWCA 156
This twin pair of appellate judgments significantly alters the previously-accepted state of affairs in relation to stays of disqualifications pending an appeal. The Court of Appeal has (twice) provided an interpretation of legislation which means that an appellant who lodges a severity appeal will n