A District Court judge conducting a severity appeal under the Crimes (Appeal and Review) Act 2001 (NSW) does not commit jurisdictional error by terminating cross-examination directed at challenging the validity of convictions rather than the severity of sentences. The reopening of the Crown case and calling of witnesses at the appellant's request does not transform a severity appeal into a conviction appeal. A Parker warning of potential sentence increase is not a denial of procedural fairness but rather its fulfilment.
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