Comer v R

• 1. Criminal Law
  2. › Appeals
  3. › Appeal against sentence
  4. › Related offences dealt with by District Court under s 166 of Criminal Procedure Act 1986 (NSW)
  5. › Whether offence arises from substantially the same circumstances as those from which the first indictable offence has arisen
  6. › No bright line
  7. › Criminal Procedure Act 1986 (NSW), ss 165, 166, 167, 168
• 1. Criminal Law
  2. › Jurisdiction
  3. › District Court jurisdiction to deal with summary and Table 2 offences
  4. › Related offence procedure under Part 3 Division 7 of Criminal Procedure Act 1986 (NSW)
  5. › Whether District Court had jurisdiction
  6. › Criminal Procedure Act 1986 (NSW), ss 165, 166
• 1. Statutes
  2. › Interpretation
  3. › Meaning of 'substantially the same circumstances'
  4. › Word 'substantially' meaning 'in substance' or 'essentially'
  5. › Word 'circumstances' distinguished from 'elements'
  6. › Broad construction to achieve legislative purpose of efficiency
  7. › Criminal Procedure Act 1986 (NSW), s 165

Quick Take