NSW Caselaw
District Court New South Wales
Medium Neutral Citation: Pettersen v R [2022] NSWDC 512 Hearing dates: 26 October 2022 Date of orders: 26 October 2022 Decision date: 26 October 2022 Jurisdiction: Criminal Before: Scotting DCJ Decision: (1) Appeal allowed. (2) I set aside the conviction and the penalty imposed by the magistrate. Catchwords: CRIME — Appeal and review — Appeal from Local Court to District Court — By person convicted against conviction Legislation Cited: Crimes (Appeal and Review) Act 2001 Weapons Prohibition Act 1998 Cases Cited: AG v Director of Public Prosecutions [2015] NSWCA 218 Charara v R [2006] NSWCCA 244 Fox v Percy (2003) 214 CLR 118 Gianoutsas v Glykis [2006] NSWCCA 137 Lumney v Director of Public Prosecutions [2021] NSWCA 186 McNab v Director of Public Prosecutions [2021] NSWCA 298 R v Hillier (2007) 228 CLR 619 The Queen v Baden-Clay (2016) 258 CLR 308 Category: Principal judgment Parties: Neil Andrew Pettersen (Appellant) Regina (Crown) Representation: Counsel: S Odgers SC (Appellant)
Solicitors: Berrell Tinker Solicitors (Appellant) Office of the Director of Public Prosecutions (Crown) File Number(s): 2021/77442 Publication restriction: None Decision under appeal Court or tribunal: Downing Centre Local Court Jurisdiction: Local Court Date of Decision: 24 February 2022 Before: Magistrate Virgo
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