McNab v Director of Public Prosecutions (NSW)

(2021) 106 NSWLR 430; [2021] NSWCA 298

NSW Court of Appeal

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Interrogate

Catchwords

1. Courts and Judges
2. › Supreme Court
3. › Supervisory jurisdiction
4. › District Court
5. › Jurisdictional error
6. › Appeal to District Court from conviction in Local Court
7. › Whether District Court judge permitted to have regard to magistrate's credibility findings on appeal by way of rehearing
8. › Crimes (Appeal and Review) Act 2001 (NSW), ss 18, 19
1. Courts and Judges
2. › Supreme Court
3. › Supervisory jurisdiction
4. › District Court
5. › Jurisdictional error
6. › Appeal against conviction to District Court
7. › Whether appeal by way of rehearing under s 18 requires demonstration of error
8. › Whether requirement to demonstrate error reverses onus of proof
9. › Crimes (Appeal and Review) Act 2001 (NSW), ss 11, 18, 20
1. Criminal Law
2. › Appeal and review
3. › Appeal from Local Court to District Court
4. › Appeal by way of rehearing
5. › Nature and scope of rehearing
6. › Complainant not called as witness on appeal
7. › Whether District Court bound to direct attendance of complainant
8. › Crimes (Appeal and Review) Act 2001 (NSW), ss 18, 19

Quick Take

District Court appeals under s 18 of the CAR Act require demonstration of error following Charara, not Gianoutsos. The District Court judge is entitled to have regard to the magistrate's reasons and credibility findings. The prosecution retains the onus of establishing guilt beyond reasonable doubt throughout the appeal.