Lunney v Director of Public Prosecutions

(2021) 105 NSWLR 236; [2021] NSWCA 186

NSW Court of Appeal

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Interrogate

Catchwords

1. Appeals
2. › Nature of appeal
3. › Appeal by way of rehearing
4. › Appeal against conviction from Local Court to District Court
5. › Whether District Court required to undertake complete review of whole of evidence regardless of issues raised
6. › Whether appeal is error-based
7. › Crimes (Appeal and Review) Act 2001 (NSW), ss 11(1), 17, 18, 19
1. Administrative Law
2. › Judicial review
3. › Jurisdictional error
4. › Review of District Court appellate decision
5. › Whether failure to conduct rehearing constituted jurisdictional error
6. › Supreme Court Act 1970 (NSW), s 69
7. › District Court Act 1973 (NSW), s 176

Quick Take

The scope of appellate review under s 11(1) of the Crimes (Appeal and Review) Act 2001 (NSW) in conviction appeals to the District Court is shaped by the issues identified by the parties, and the District Court is not required to undertake a complete independent review of all evidence in every case regardless of the grounds raised.