Director of Public Prosecutions (NSW) v Earl Burns & Anor

• 1. Appeal
  2. › Appeal from Local Court to District Court
  3. › Appeal by way of rehearing on the evidence
  4. › Whether appeal conducted as review or rehearing
  5. › Whether District Court judge exceeded jurisdiction
  6. › Crimes (Appeal and Review) Act 2001 (NSW), ss 11, 18, 19, 20
• 1. Appeal
  2. › Appeal from Local Court to District Court
  3. › Credit findings of magistrate
  4. › Whether District Court judge obliged to accept credit findings
  5. › Circumstances in which appellate court may reject credit findings
  6. › Misuse of advantage of seeing and hearing witness
  7. › Fox v Percy [2003] HCA 22
• 1. Appeal
  2. › Appeal from Local Court to District Court
  3. › Setting aside conviction
  4. › Whether additional order ought to be made to finally dispose of matter
  5. › Implied powers of court of limited statutory jurisdiction
  6. › Whether implied power to dismiss charge or remit to Local Court
  7. › Crimes (Appeal and Review) Act 2001 (NSW), ss 20, 73
  8. › Criminal Procedure Act 1986 (NSW), ss 202, 205, 206
• 1. Bias
  2. › Apprehended bias
  3. › Test for reasonable apprehension of bias
  4. › Whether fair-minded lay observer might reasonably apprehend prejudgment
  5. › Whether later statements withdrawing or qualifying remarks may remove perception of bias
  6. › Ebner v Official Trustee in Bankruptcy [2000] HCA 63

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