NSW Caselaw
New South Wales Supreme Court
CITATION : Rainima v Magistrate Freund [2008] NSWSC 944
HEARING DATE(S) : 13/08/09
JUDGMENT DATE : 12 September 2008
JURISDICTION : Common Law Division
JUDGMENT OF : Hidden J at 1
DECISION : Leave to appeal against interlocutory order refused; appeal against conviction and sentence dismissed.
CATCHWORDS : LOCAL COURT - application for leave to appeal against interlocutory order - appeal against conviction and sentence - drive whilst disqualified - "constitutional" challenge to legislation without substance
Judiciary Act 1903 (Cth) (s78) LEGISLATION CITED : Crimes (Sentencing Procedure) Act 1999 Crimes (Appeal and Review) Act 2001 (ss52; 53)
CASES CITED : Spajic v Robertson [2007] NSWSC 553 The Appeal of Losalini Rainima (Blanch J, District Court, unreported, 15 May 2006)
Losalini Rainima (plaintiff) Magistrate Freund (1st defendant) PARTIES : Director of Public Prosecutions as agent for Senior Constable Stephen Yeo (2nd defendant) Director of Public Prosecutions as agent for Constable Damon Kowalec (3rd defendant) Attorney General of New South Wales (4th defendant)
FILE NUMBER(S) : SC 2008/11084
COUNSEL : Plaintiff in Person H El-Hage (Solicitor Advocate) (4th defendant)
Solicitor for Public Prosecutions (submitting appearance-2nd defendant) SOLICITORS : Crown Solicitor (submitting appearance-1st defendant) Crown Solicitor (4th defendant)
LOWER COURT JURISDICTION : Local Court
LOWER COURT JUDICIAL OFFICER : Freund LCM
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