Bangura v Director of Public Prosecutions (NSW)

[2020] NSWCA 138

NSW Court of Appeal

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Interrogate

Catchwords

1. Administrative Law
2. › Judicial review
3. › Review of criminal conviction in District Court
4. › Supervisory jurisdiction of Court of Appeal
5. › Jurisdictional error
6. › Whether denial of procedural fairness
7. › Whether failure to give reasons
8. › Whether erroneous consideration of magistrate's advantage
9. › No tenable ground established
10. › Supreme Court Act 1970 (NSW), s 69
1. Criminal Law
2. › Appeal and review
3. › Appeal from Local Court to District Court
4. › Appeal by way of rehearing on the papers
5. › Obligation to recognise advantage of magistrate who saw witnesses
6. › Crimes (Appeal and Review) Act 2001 (NSW), ss 17-19, Pt 7

Quick Take

The case confirms that complaints about factual findings on credibility do not constitute jurisdictional error warranting judicial review, and that applications for inquiry under Part 7 of the Crimes (Appeal and Review) Act 2001 (NSW) cannot be brought by summons invoking the Court's supervisory jurisdiction.