Rahman v Director of Public Prosecutions (NSW)

[2023] NSWCA 1

NSW Court of Appeal

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Interrogate

Catchwords

1. Administrative Law
2. › Judicial review
3. › Jurisdictional error
4. › Decision of District Court on criminal appeal from Local Court
5. › Challenges to fact-finding
6. › Whether erroneous findings of fact constitute jurisdictional error
7. › Whether procedural unfairness demonstrated
8. › District Court Act 1973 (NSW), s 176
9. › Supreme Court Act 1970 (NSW), s 69D
1. Criminal Law
2. › Appeal and review
3. › Appeal from Local Court to District Court
4. › Subsequent judicial review by Court of Appeal
5. › Scope of supervisory jurisdiction
6. › Distinction between merits appeal and judicial review for jurisdictional error
7. › Crimes (Appeal and Review) Act 2001 (NSW), s 11

Quick Take

Judicial review of District Court decisions on criminal appeals requires identification of jurisdictional error rather than mere factual error, and complaints about the Local Court must first be raised on appeal to the District Court before they can be ventilated on judicial review.