Truong v Director of Public Prosecutions (NSW)

[2023] NSWCA 64

NSW Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal and review
3. › Judicial review of District Court decision on conviction appeal
4. › Supervisory jurisdiction of Supreme Court
5. › Whether jurisdictional error established
6. › Whether denial of procedural fairness
7. › Supreme Court Act 1970 (NSW), s 69
8. › District Court Act 1973 (NSW), s 176
1. Practice and Procedure
2. › Extension of time
3. › Judicial review summons filed over four and a half years out of time
4. › Factors relevant to extension
5. › Whether claim fairly arguable
6. › Whether practical utility of application
7. › Uniform Civil Procedure Rules 2005 (NSW), rr 59.10(1), 59.10(3)
1. Criminal Law
2. › Appeal and review
3. › Conviction appeal from Local Court to District Court
4. › Appeal by way of rehearing
5. › Orders of Local Court superseded by District Court orders
6. › Complaints as to Local Court proceedings irrelevant to judicial review of District Court
7. › Crimes (Appeal and Review) Act 2001 (NSW), ss 11(1), 18, 19, 20(1)(b)

Quick Take

The case confirms that complaints about Local Court proceedings are irrelevant to judicial review of a District Court conviction appeal, as the Local Court orders are superseded by the District Court's orders on appeal.