LAROBINA, Adriano v R [2009] NSWDC 79

New South Wales District Court

CITATION: LAROBINA, Adriano v R [2009] NSWDC 79 This decision has been amended. Please see the end of the judgment for a list of the amendments.

30 March 2009 HEARING DATE(S): 2 April 2009 3 April 2009 8 April 2009

JUDGMENT DATE: 8 April 2009

JURISDICTION: Criminal

JUDGMENT OF: Bennett SC DCJ

DECISION: The conviction in the Local Court stands unless and until there is an order of the District Court setting aside the conviction pursuant to s 20(1)(a) of the Crimes (Appeal and Review) Act 2001. The appeal is adjourned for the hearing of an application by the Director of Public Prosecutions to amend the charge, and such further or other orders as required.

CATCHWORDS: CRIMINAL LAW - appeal and new trial - procedure - power to bring appeal - generally - CRIMINAL LAW - appeal and new trial - objections or points not raised in court below - other cases - CRIMINAL LAW - procedure - miscellaneous powers of courts and judges - CRIMINAL LAW - procedure - conviction in Local Court - appeal to District Court - omission of essential ingredient of charge raised in District Court proceedings - jurisdiction of the District Court - application to amend charge under s 21 Criminal Procedure Act - CRIMINAL LAW - jurisdiction - conviction entered upon charge which omitted an essential ingredient of the offence - whether a nullity

Crimes Act 1900 LEGISLATION CITED: Crimes (Appeal and Review) Act 2001 Criminal Procedure Act 1986

Azzopardi v The Queen [2001] HCA 25; (2001) 205 CLR 50 Berowra Holdings Pty Ltd v Gordon [2006] HCA 32; (2006) 225 CLR 364 Charara v The Queen [2006] NSWCCA 244; (2006) 164 A Crim R 39 CASES CITED: Director of Public Prosecutions v Emanuel [2009] NSWCA 42 Ex Parte Burnett; Re Wicks [1968] 2 NSWR 119 Ex Part Lovell; Re Buckley (1938) 38 SR (NSW) 153; (1938) 55 WN (NSW) 63 Knaggs v The Director of Public Prosecutions & Anor [2007] NSWCA 83; (2007) 170 A Crim R 366 Weissensteiner v The Queen [1993] HCA 65; (1993) 178 CLR 217