Engelbrecht v Director of Public Prosecutions (NSW)

[2016] NSWCA 290

NSW Court of Appeal

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Interrogate

Catchwords

1. Administrative Law
2. › Prerogative writs
3. › Certiorari
4. › Jurisdictional error
5. › Inferior court misapprehending nature or limits of its functions or powers
6. › Whether District Court judge committed jurisdictional error in misapprehending scope of s 17 of Crimes (Appeal and Review) Act 2001 (NSW)
7. › Crimes (Appeal and Review) Act 2001 (NSW), ss 11, 17
1. Criminal Law
2. › Appeal and review
3. › Appeal to District Court against sentence imposed in Local Court
4. › Nature of severity appeal under s 17
5. › Whether appeal by way of hearing de novo or error-based appeal
6. › Whether evidence given at conviction hearing forms part of evidence on severity appeal
7. › Crimes (Appeal and Review) Act 2001 (NSW), ss 3, 17, 18
1. Statutory Interpretation
2. › Crimes (Appeal and Review) Act 2001 (NSW), s 17
3. › Meaning of 'evidence given in the original Local Court proceedings'
4. › Whether phrase confined to evidence at sentencing hearing or extends to evidence at conviction hearing
5. › Legislative history
6. › Harmonious construction of ss 17 and 18

Quick Take

Practitioners conducting severity appeals under s 17 of the Crimes (Appeal and Review) Act 2001 (NSW) should note that the evidence available on such appeals includes evidence from the conviction hearing that is relevant to sentencing, not merely evidence given at the sentencing hearing, and that the appeal proceeds as a hearing de novo.