Rahman v Director of Public Prosecutions (NSW) [2023] NSWCA 1

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Rahman v Director of Public Prosecutions (NSW) [2023] NSWCA 1 Hearing dates: 31 January 2023 Date of orders: 31 January 2023 Decision date: 31 January 2023 Before: Kirk JA at [1]; Basten AJA at [2]; Griffiths AJA at [3] Decision: (1) Dismiss the amended summons filed on 7 November 2022. (2) Pursuant to s 69D of the Supreme Court Act 1970 (NSW) order that the Conditional Release Order made by the Local Court on 17 February 2022 to run until 16 February 2023, as confirmed by the District Court on 10 August 2022, continue to have effect and expire on 16 February 2023 despite any stay under s 69C of the Supreme Court Act. (3) Order that the applicant pay the first respondent's costs in this Court, as agreed or assessed. Catchwords: JUDICIAL REVIEW – Jurisdictional error – Decision of the District Court affirming a guilty verdict entered against the applicant in the Local Court for an offence under s 13 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) – Challenges primarily to District Court judge's fact-finding – No jurisdictional error demonstrated Legislation Cited: Crimes Act 1900 (NSW) Crimes (Appeal and Review) Act 2001 (NSW) Crimes (Domestic and Personal) Violence Act 2007 (NSW) District Court Act 1973 (NSW) Supreme Court Act 1970 (NSW) Cases Cited: Craig v South Australia (1995) 184 CLR 163; [1995] HCA 58 Garde v Dowd (2011) 80 NSWLR 620; [2011] NSWCA 115 Jamal v Director of Public Prosecutions (NSW) [2019] NSWCA 121 Stanley v Director of Public Prosecutions (NSW) (2021) 107 NSWLR 1; [2021] NSWCA 337 Category: Principal judgment Parties: Fahmid Rahman (Applicant) Director of Public Prosecutions (NSW) (First Respondent) District Court of NSW (Second Respondent) Representation: Counsel: J Davidson (First Respondent)