Gibson v Director of Public Prosecutions (NSW) (No 2)

(2021) 105 NSWLR 434; [2021] NSWCA 218

NSW Court of Appeal

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Interrogate

Catchwords

1. Administrative Law
2. › Judicial review
3. › Jurisdictional error
4. › Refusal to exercise jurisdiction
5. › Whether District Court judge's refusal to refer questions to Court of Criminal Appeal involved jurisdictional error
6. › Whether error immaterial where questions plainly not questions of law
7. › Criminal Appeal Act 1912 (NSW), s 5B
8. › Supreme Court Act 1970 (NSW), s 69
1. Criminal Procedure
2. › Submission of questions of law to Court of Criminal Appeal
3. › Nature of power under s 5B of Criminal Appeal Act 1912 (NSW)
4. › Role of District Court judge as gateway
5. › Whether questions were 'questions of law'
6. › Whether error in characterisation of question as not being question of law is jurisdictional error
7. › Criminal Appeal Act 1912 (NSW), s 5B
1. Administrative Law
2. › Judicial review
3. › Discretionary refusal of relief
4. › Immateriality of error
5. › Lack of utility
6. › Whether relief should be withheld where questions plainly not questions of law
1. Practice and Procedure
2. › Judgments and orders
3. › Communication of decisions
4. › Requirement for formal delivery
5. › Whether decisions must be given in open court
6. › Requirement for clarity as to when judgment given
7. › Requirement that judgment reach the parties

Quick Take

Questions referred to the Court of Criminal Appeal under s 5B must be 'pure questions of law,' a judge's erroneous characterisation of a question does not constitute jurisdictional error, and the judge acts as a gateway with discretionary power over such referrals.