A District Court conducting a rehearing of a Local Court conviction appeal on transcript is not required to make independent credit findings where the parties do not raise credibility as an issue and the appeal is conducted on the basis of sufficiency of evidence. A preliminary indication of sentence by a District Court judge is not a binding commitment and does not give rise to a denial of procedural fairness when the judge ultimately imposes a different sentence after obtaining further information, provided the parties have an opportunity to make submissions. The question whether s 69D of the Supreme Court Act 1970 (NSW) can be exercised absent a stay of execution, and the correctness of Yousaf v DPP on whether sentences continue to run absent a stay, remain open.
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