Bradley Reyter v Director of Public Prosecutions (NSW)

[2026] NSWSC 100

Supreme Court of NSW

View on CaseLaw

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Criminal Law
2. › Jurisdiction
3. › Local Court
4. › Summary disposal of indictable offences
5. › Breaking and entering
6. › Whether factual material disclosing circumstances of aggravation of more serious offence deprives Local Court of jurisdiction to deal with lesser offence charged
7. › Criminal Procedure Act 1986 (NSW), Sch 1, Table 1, cl 8
8. › Crimes Act 1900 (NSW), ss 105A, 112(1)(a), 112(2)
1. Criminal Law
2. › Sentencing
3. › Sentencing on agreed facts
4. › De Simoni principle
5. › Where agreed facts disclose commission of more serious offence than offence charged
6. › Whether issue goes to jurisdiction or sentencing process
7. › Crimes Act 1900 (NSW), ss 105A, 112(1)(a), 112(2)
1. Appeal
2. › Appeal from Local Court to Supreme Court
3. › Interlocutory order in summary proceedings
4. › Question of law alone
5. › Rejection of guilty plea
6. › Crimes (Appeal and Review) Act 2001 (NSW), ss 53(3)(b), 54(1), 55(3)

Quick Take

The Local Court's jurisdiction to deal summarily with an offence listed in Schedule 1 to the Criminal Procedure Act 1986 (NSW) is not displaced by agreed facts disclosing circumstances of aggravation that would constitute a more serious offence; such issues are to be addressed at sentencing in accordance with the De Simoni principle, and parties should formulate agreed facts accordingly.

Case Details

Citation[2026] NSWSC 100

CourtNSWSC

JurisdictionNew South Wales

Unlock so much more with Barrister AI

The full text is available to signed-in members, including the 1 later case that cites this judgment.

Relies on2

2004R v RiceNSWCCA 384
2004Gas v RHCA 22
R v De SimoniHCA 31

Create free account

Already have an account? Sign in