Charara v the Queen

(2006) 164 A Crim R 39; [2006] NSWCCA 244

NSW Court of Criminal Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal and new trial
3. › Appeals from magistrates
4. › Appeal against conviction
5. › Rehearing on transcript of evidence
6. › Whether appeal is de novo or rehearing on transcripts
7. › Crimes (Local Courts Appeal and Review) Act 2001 (NSW), ss 18, 19
1. Criminal Law
2. › Appeal and new trial
3. › Appeals from magistrates
4. › Calling of witnesses on appeal
5. › Whether judge may order witnesses to give oral evidence without application under s 19
6. › Whether s 19 requires witness-by-witness consideration
7. › Crimes (Local Courts Appeal and Review) Act 2001 (NSW), s 19
1. Criminal Law
2. › Appeal and new trial
3. › Appeals from magistrates
4. › Rehearing on transcript of evidence
5. › Whether magistrate's reasons may be considered on appeal
6. › Crimes (Local Courts Appeal and Review) Act 2001 (NSW), s 18
1. Appeal
2. › Rehearing
3. › Natural limitations of appellate court proceeding on transcript
4. › Principles governing appeals from judge sitting without jury
5. › Advantage of trial judge who saw and heard witnesses

Quick Take

An appeal under s 18 of the Crimes (Local Courts Appeal and Review) Act 2001 is a rehearing on certified transcripts, not a hearing de novo. The District Court may not direct that all witnesses give oral evidence without complying with s 19 on a witness-by-witness basis. The magistrate's reasons, including credibility findings, may be considered by the District Court despite not forming part of the certified transcripts of evidence.