Director of Public Prosecutions (NSW) v Hughes

[2017] NSWSC 492

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. Practice and Procedure
2. › Application for extension of time in which to bring an appeal against a decision of Magistrate in the Local Court
3. › Proceedings commenced approximately four months following the expiration of the limitation period
4. › Delay adequately explained
5. › Extension of time granted
1. Practice and Procedure
2. › Duty to give reasons
3. › Ex tempore judgment delivered by Magistrate in the Local Court immediately upon hearing evidence and submissions
4. › Necessity to make appropriate allowance for judgments delivered in those circumstances
5. › Limited analysis of the evidence
6. › No analysis of the statutory provisions supporting a conclusion that malice was an element of the offences charged
7. › Error established
1. Practice and Procedure
2. › Appeal from the Local Court
3. › Error established
4. › Whether appropriate to remit the matter to the Magistrate to be dealt with according to law
5. › Whether same outcome would eventuate
6. › Whether remitting the matter would be futile in those circumstances
7. › Factual questions not to be determined on a limited statutory appeal
8. › Proceedings remitted