Beaton v R [2021] NSWDC 720

District Court New South Wales

Medium Neutral Citation: Beaton v R [2021] NSWDC 720 Hearing dates: 27 October 2021 Date of orders: 27 October 2021 Decision date: 27 October 2021 Jurisdiction: Criminal Before: Bennett SC DCJ Decision: (1) The appeal is dismissed (2) The finding of guilt is confirmed (3) The orders of the Local Court are confirmed Catchwords: APPEALS — Jurisdiction of appellate court — District Court APPEALS — Nature of appeal — Appeal by rehearing — Whether rehearing de novo APPEALS — Nature of appeal — Functions of appellate court APPEALS — Orders on appeal — Powers of appellate court APPEALS — Right of appeal — Scope of right — Error of law APPEALS — Right of appeal — Scope of right — From "judgment" Legislation Cited: Crimes Act 1900 Crimes (Appeal and Review) Act 2001 Evidence Act 1995 Cases Cited: AG v Director of Public Prosecutions (NSW) [2015] NSWCA 218 Allesch v Maunz [2000] HCA 40 Charara v R [2006] NSWCCA 244 Director of Public Prosecutions (NSW) v Burns [2010] NSWCA 265 Dyason v Butterworth [2015] NSWCA 52 Lunney v Director of Public Prosecutions [2021] NSWCA 186 Category: Principal judgment Parties: Shane Beaton (Appellant) Regina (Respondent) Representation: Derek Shridhar (counsel for the Appellant) Julie Sweeney (solicitor for the Respondent)