On an appeal by way of rehearing under the Crimes (Appeal and Review) Act 2001 (NSW), the District Court's appellate jurisdiction is confined to the jurisdiction exercised by the Local Court at first instance; where the Local Court lacked jurisdiction to hear a charge summarily without the accused's consent, the District Court exceeds its jurisdiction by hearing and dismissing the appeal rather than setting aside the conviction. The question whether misconstruction of the elements of a criminal offence by an inferior court constitutes jurisdictional error remains open.
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