Certiorari under s 69 of the Supreme Court Act 1970 (NSW) cannot be used to quash an acquittal in criminal proceedings, subject to a narrow exception for obvious jurisdictional incompetence. Even allegations of perjury do not provide a basis for setting aside an acquittal. A prosecutor dissatisfied with a Local Court acquittal must use the statutory appeal mechanisms under the Crimes (Appeal and Review) Act 2001 (NSW).
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