Forrest v Director of Public Prosecutions (NSW)

(2020) 286 A Crim R 191; [2020] NSWCA 162

NSW Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal and review
3. › Stated case
4. › Power of District Court judge to state case to Court of Criminal Appeal
5. › Whether power coupled with duty to exercise on request
6. › Effect of legislative amendments on scope of power
7. › Criminal Appeal Act 1912 (NSW), s 5B
1. Statutory Interpretation
2. › Construction of 'may'
3. › Whether power coupled with duty
4. › Effect of legislative history and subsequent amendments
5. › Authority of precedent where statute amended after construction adopted
6. › Interpretation Act 1987 (NSW), s 9
1. Judicial Review
2. › Jurisdictional error
3. › Refusal of District Court judge to state case
4. › Whether condition of engagement of power a jurisdictional fact
5. › Whether failure to identify question of law
6. › Supreme Court Act 1970 (NSW), s 69
1. Practice and Procedure
2. › Criminal
3. › Time limits
4. › Request to state case made on last day of statutory period
5. › Whether request must allow sufficient time for judge to comply
6. › Criminal Appeal Act 1912 (NSW), s 5B(2)

Quick Take

Practitioners seeking to have a District Court judge state a case under s 5B must ensure the request is made in sufficient time before the 28-day deadline, includes a draft stated case, and clearly identifies a question of law; the judge has a broader discretion to refuse than previously understood.