NSW Caselaw
District Court New South Wales
Medium Neutral Citation: Rose v R [2023] NSWDC 519 Hearing dates: 9 and 24 November 2023 Date of orders: 24 November 2023 Decision date: 24 November 2023 Jurisdiction: Criminal Before: Scotting DCJ Decision: 1 Appeal allowed. 2 I set aside the conviction and penalty imposed by the Magistrate. Catchwords: CRIME — Appeals — Appeal against conviction Legislation Cited: Crimes Act 1900 Crimes (Appeal and Review) Act 2001 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 Conlon (1993) 69 A Crim R 92 R v Katarzynski [2002] NSWCCA 613 R v Viro (1978) 141 CLR 88 Category: Principal judgment Parties: Tony Rose (Appellant) Rex (Respondent) Representation: Solicitors: Kernick Law (Appellant) Office of the Director of Public Prosecutions (Respondent) File Number(s): 2022/23217 Publication restriction: None Decision under appeal Court or tribunal: Wyong Jurisdiction: Local Court Date of Decision: 19 September 2023 Before: Magistrate Munro
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