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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
Wany v DPP [2020] NSWCA 318
This decision adds another chapter to each of two ongoing areas of controversy: the exact nature of District Court appeals, and the content of the test when considering an Intensive Correction Order (‘ICO’). Here the Court of Appeal has determined that it is an error, when considering a sentence app
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