Neupane v R [2022] NSWDC 598

District Court New South Wales

Medium Neutral Citation: Neupane v R [2022] NSWDC 598 Hearing dates: 27 July 2022 Date of orders: 27 July 2022 Decision date: 27 July 2022 Jurisdiction: Criminal Before: Bennett SC DCJ Decision: (1) The Final ADVO orders made on 10 November 2021 by Farnan LCM shall stand (2) In each case the appeal from the finding of guilt by the magistrate is dismissed (3) In each case the findings of guilt are confirmed (4) In each case allow the appeals from conviction (5) In each case, and pursuant to s10(1)(b) Crimes (Sentencing Procedure) Act 1999, I find the offence proved but without proceeding to conviction I discharge the appellant upon him entering into a Conditional Release Order pursuant to s9(1)(b) Crimes (Sentencing Procedure) Act 1999, for a period of 2 years from today Catchwords: CRIME — Appeal and review — Appeal from Local Court to District Court — By person convicted against conviction CRIME — Appeal and review — Appeal from Local Court to District Court CRIME — Violent offences — Assault occasioning actual bodily harm CRIME — Violent offences — Common assault Legislation Cited: Crimes Act 1900 Crimes (Appeal and Review) Act 2001 Crimes (Sentencing Procedure) Act 1999 Evidence Act 1995 Justices Act 1902 Supreme Court Act 1970 Cases Cited: Charara v R [2006] NSWCCA 244 Dyason v Butterworth [2015] NSWCA 52 McNab v DPP [2021] NSWCA 298 Category: Principal judgment Parties: Homnath Neupane (Appellant) Director of Public Prosecutions (NSW) (Respondent) Representation: Daniel Petrushnko (counsel for the Appellant)