The jurisdiction of the Court of Appeal to review District Court criminal appeal decisions under s 69 of the Supreme Court Act 1970 (NSW) is constrained by the privative clause in s 176 of the District Court Act 1973 (NSW) to jurisdictional error only, not error of law on the face of the record. The s 5B stated case procedure is the primary route for challenge and is generally wider than judicial review. Obtaining a loan on ordinary commercial terms constitutes a 'financial advantage' under s 178BB of the Crimes Act 1900 (NSW) regardless of whether the lender suffered any disadvantage, and no dishonest intent is required.
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