Khamiss v Director of Public Prosecutions (NSW) (No 2)

(2025) 118 NSWLR 112; [2025] NSWCA 193

NSW Court of Appeal

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Interrogate

Catchwords

1. Appeals
2. › orders on appeal
3. › appeal from conviction in Local Court to District Court
1. Appeals
2. › orders on appeal
3. › dismissal of appeal by District Court for want of prosecution
1. Appeals
2. › orders on appeal
3. › whether dismissal operates as confirmation of conviction by Local Court
1. Administrative Law
2. › judicial review
3. › whether decision of Local Court reviewable by Court of Appeal where District Court dismissed appeal for want of prosecution

Quick Take

Practitioners must advise clients that if a District Court appeal is dismissed for want of prosecution under s 21 CAR Act, the Local Court conviction is confirmed and judicial review of the Local Court decision is no longer available - the only remedy is to apply within 12 months under s 22 to set aside the dismissal.