NSW Caselaw
Reported Decision : 164 A Crim R 39
New South Wales Court of Criminal Appeal
CITATION: CHARARA v THE QUEEN [2006] NSWCCA 244
HEARING DATE(S): 14 July 2006
JUDGMENT DATE: 23 August 2006
JUDGMENT OF: Mason P at 1; Kirby J at 32; Hoeben J at 33
DECISION: Answer to case stated in the affirmative. Orders made by District Court quashed. Proceedings remitted to District Court.
CATCHWORDS: CRIMINAL LAW – Appeal and new trial – Appeals from magistrates – Appeal against conviction – Rehearing on transcript of evidence – Fresh evidence – Calling of witnesses – Where judge ordered full de novo appeal – No consideration of special or substantial reasons – Witnesses to be individually considered in light of special or substantial reasons – Crimes (Local Courts Appeal and Review) Act 2001, ss 18 and 19. (D)
Crimes (Local Courts Appeal and Review) Act 2001 Criminal Appeal Act 1912 Criminal Practice and Procedure NSW LEGISLATION CITED: Criminal Procedure Act 1986 Justices Act 1902 Justices Legislation Amendment (Appeals) Act 1998 New South Wales Parliamentary Debates, Legislative Council
Bell v Stewart (1920) 28 CLR 419 Carcosa Pty Ltd v Czerwaniw (1997) 93 A Crim R 287 CASES CITED: Da Costa v Cockburn Salvage and Trading Pty Ltd (1970) 124 CLR 192 Fox v Percy (2003) 214 CLR 118 Gianoutsas v Glykis [2006] NSWCCA 137 The Queen v Apostolides (1984) 154 CLR 563
PARTIES: Jamal Charara The Queen
FILE NUMBER(S): CCA 2006/736
COUNSEL: Appellant: C V Jeffreys (Solicitor) Crown: J Giedham
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