Nabi v Director of Public Prosecutions (NSW) [2022] NSWCA 92

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Nabi v Director of Public Prosecutions (NSW) [2022] NSWCA 92 Hearing dates: 9 June 2022 Date of orders: 9 June 2022 Decision date: 09 June 2022 Before: Ward P; Meagher JA; Basten AJA Decision: (1) Dismiss the summons filed in the Court's supervisory jurisdiction. (2) Order that the applicant pay the respondent's costs in this Court. (3) Order that the community correction order recommence on 9 June 2022 and terminate on 11 May 2025. Catchwords: JUDICIAL REVIEW – review of judgment of District Court on appeal from Local Court – criminal jurisdiction – jurisdictional error – failure of judge to refer to submission of defendant – failure of judge to refer to absence of corroborative evidence – no basis for concluding judge mistook the extent or limits of his appellate function Legislation Cited: Crimes Act 1900 (NSW), s 61KC(a) Crimes (Appeal and Review) Act 2001 (NSW), ss 11, 18, 63 District Court Act 1973 (NSW), s 176 Supreme Court Act 1970 (NSW), ss 69, 69C, 69D Cases Cited: Dranichnikov v Minister for Immigration and Multicultural Affairs (2003) 77 ALJR 1088; [2003] HCA 26 Mulder v Director of Public Prosecutions (Cth) [2015] NSWCA 92 Quinn v Commonwealth Director of Public Prosecutions (2021) 106 NSWLR 154; [2021] NSWCA 294 Stanley v Director of Public Prosecutions (NSW) [2021] NSWCA 337 Whisprun Pty Ltd v Dixon [2003] HCA 48; 77 ALJR 1598 Category: Principal judgment Parties: Mohammed Farid-Un Nabi (Applicant) Director of Public Prosecutions (First Respondent) District Court of NSW (Second Respondent) Representation: Counsel: Mr A Di Francesco (Applicant) Mr E Balodis (First Respondent)