Franklin v Director of Public Prosecutions (NSW)

[2021] NSWCA 83

NSW Court of Appeal

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Catchwords

1. Criminal Law
2. › Appeal and review
3. › Stated case from District Court to Court of Criminal Appeal
4. › Power of judge to decline to state a question of law
5. › Whether proposed questions were 'questions of law' within s 5B
6. › Whether refusal to state case constituted jurisdictional error
7. › Criminal Appeal Act 1912 (NSW), s 5B
1. Evidence
2. › Hearsay
3. › Business records exception
4. › Record made by Community Corrections officer of telephone call from accused
5. › Whether admissibility of business record raised a question of law alone
6. › Evidence Act 1995 (NSW), ss 60, 62, 65, 66, 69
1. Administrative Law
2. › Judicial review
3. › Jurisdictional error
4. › Failure to exercise jurisdiction
5. › Review of District Court decision under s 69 of Supreme Court Act 1970 (NSW)
6. › Whether failure to recognise question of law constituted constructive failure to exercise jurisdiction

Quick Take

Questions of admissibility of evidence under statutory exceptions (such as the business records exception in s 69 of the Evidence Act 1995 (NSW)) are questions of law alone under s 5B of the Criminal Appeal Act 1912 (NSW), and a District Court judge's refusal to state such a question may constitute jurisdictional error.