Maher v R [2021] NSWDC 212

District Court New South Wales

Medium Neutral Citation: Maher v R [2021] NSWDC 212 Hearing dates: 19 January 2021, 25 May 2021 Decision date: 25 May 2021 Jurisdiction: Criminal Before: Haesler SC DCJ Decision: The conviction appeal is dismissed. I confirm the orders of the Magistrate Catchwords: CONSTITUTIONAL LAW — Commonwealth Constitution — General principles — legislative capacity of the State of NSW to make laws applying to Aboriginal/indigenous people CRIME - Constitutional Law — Commonwealth Constitution — General principles — Nature of common law CRIME – Summary Offences - Driver use mobile phone when not permitted- Assault police officer in the execution of his duty - Hinder police CRIME - Appeals - Appeal against conviction - Wrong decision on a question of law – appeal dismissed - no error in magistrate's decision APPEAL - Jurisdiction of appellate court — District Court APPEALS — Nature of appeal - challenge to jurisdiction of the court. Legislation Cited: Crimes Act 1900 (NSW) Crimes (Appeal and Review Act) NSW 2001 Judiciary Act 1903 (C'th) Road Rules 2014 Cases Cited: AG v Director of Public Prosecutions (NSW) [2015] NSWCA 218 Bradley v The Crown [2020] QCA 252 Coe v. The Commonwealth (1993) 8 ALJR 110 Dyason v Butterworth [2015] NSWCA 52 Gianoutis v Glykis (2006) 65 NSWLR 539 Love v Commonwealth of Australia; Thoms v Commonwealth of Australia [2020] HCA 3; (2020) 94 ALJR 198 Mabo v. Queensland (No.2) (1992) 175 CLR 1 Walker v NSW (1994) 182 CLR 45 Category: Principal judgment Parties: Geoffrey Maher (the appellant) Director of Public Prosecutions Representation: Solicitors: Appellant appears unrepresented Ms Azad (for Director of Public Prosecutions) File Number(s): 2019/00391129