Young v Director of Public Prosecutions (NSW)

[2023] NSWCA 69

NSW Court of Appeal

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Catchwords

1. Criminal Law
2. › Appeal and review
3. › Judicial review
4. › Appeal from Local Court to District Court
5. › District Court dismissed appeal
6. › Whether certiorari available in respect of Local Court orders after District Court appeal dismissed
7. › Crimes (Appeal and Review) Act 2001 (NSW), ss 11, 18, 20
1. Criminal Law
2. › Appeal and review
3. › Judicial review
4. › Review of District Court decision
5. › Whether jurisdictional error demonstrated
6. › Procedural fairness
7. › Hearing disability of accused
8. › Whether reasonable adjustments made
9. › District Court Act 1973 (NSW), s 176
10. › Supreme Court Act 1970 (NSW), s 69
1. Criminal Law
2. › Self-defence
3. › Whether conduct was reasonable response in circumstances as accused perceived them
4. › Crimes Act 1900 (NSW), s 418
1. Practice and Procedure
2. › Sentencing
3. › Conditional release order
4. › Stay of execution pending appeal
5. › Recommencement of sentence after dismissal of judicial review application
6. › Supreme Court Act 1970 (NSW), s 69D

Quick Take

Once a District Court appeal under the Crimes (Appeal and Review) Act 2001 (NSW) has been determined, the District Court's orders supersede those of the Local Court, and certiorari is no longer available in respect of the Local Court orders; any challenge must be directed at jurisdictional error in the District Court proceedings.

Case Details

Citation[2023] NSWCA 69

CourtNSWCA

JurisdictionNew South Wales

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Relies on11

2023Rahman v Director of Public Prosecutions (NSW)NSWCA 1
2022Nabi v Director of Public Prosecutions (NSW)NSWCA 92
2021McNab v Director of Public Prosecutions (NSW)NSWCA 298
2020Young v Richmond Valley CouncilNSWSC 514
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