Franklin v Director of Public Prosecutions (NSW)

(2022) 109 NSWLR 198; [2022] NSWCA 58

NSW Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal and review
3. › Appeal from Local Court to District Court
4. › Stated case to Court of Criminal Appeal
5. › Power under s 5B of Criminal Appeal Act 1912 (NSW)
6. › Whether power discretionary or obligatory once conditions satisfied
7. › Whether refusal to state a case amounted to jurisdictional error
8. › Criminal Appeal Act 1912 (NSW), s 5B
9. › District Court Act 1973 (NSW), s 176
1. Administrative Law
2. › Judicial review
3. › Privative clause
4. › Jurisdictional error
5. › Whether error as to whether question of law arose on appeal constitutes jurisdictional error
6. › District Court Act 1973 (NSW), s 176
7. › Supreme Court Act 1970 (NSW), s 69
1. Practice and Procedure
2. › Apprehended bias
3. › District Court judge reconsidering guilt after remitter
4. › Whether fair-minded lay observer might reasonably apprehend judge might not bring impartial mind to question whether still satisfied of guilt having regard to additional evidence

Quick Take

The majority treats the power to state a case under s 5B as discretionary, including the assessment of materiality, and a refusal on materiality grounds is unlikely to constitute jurisdictional error reviewable under s 69 of the Supreme Court Act.