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Ahmed v R [2021] NSWCCA 280
In this decision the Court of Criminal Appeal has held that in cases where the accused bears an onus in relation to a defence, there is a particular need for the judicial officer to direct themselves that the failure of the accused to give of sworn evidence cannot be used as a factor on the question
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