NSW Caselaw
New South Wales Court of Appeal
CITATION: Hoffenberg v The District Court of New South Wales [2010] NSWCA 142
HEARING DATE(S): 4 June 2010
JUDGMENT DATE: 22 June 2010
JUDGMENT OF: Tobias JA at 1; Basten JA at 2; McClellan CJ at CL at 14
DECISION: Summons dismissed with costs.
CATCHWORDS: Summons seeking relief in nature of certiorari - whether decision of the District Court dismissing an appeal from the Local Court regarding sentence imposed should be quashed - whether decison of District Court was affected by jurisdictional error - statutory meaning of s 10 of the Crimes (Sentencing Procedure) Act 1999 (NSW)
Crimes Act 1900 (NSW) Crimes (Appeal and Review) Act 2001 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) LEGISLATION CITED: Supreme Court Act 1970 (NSW) District Court Act 1973 (NSW) Offenders Probation Act 1913-1953 (SA) Summary Offices Act 1988 (NSW)
CATEGORY: Principal judgment
Cobiac v Liddy [1968] HCA 26; 119 CLR 257 Craig v South Australia (1995) HCA 58; (1995) 184 CLR 163 CASES CITED: Kirk v Industrial Relations Commission (NSW) & Anor [2010] HCA 1; (2010) 239 CLR 531; (2010) 262 ALR 569 R v Dodd (1991) 57 A Crim R 349 R v Whyte (2002) 55 NSWLR 252 Spanos v Lazaris [2008] NSWCA 74
Jaron Hoffenberg (applicant) PARTIES: District Court of NSW (first respondent) Director of Public Prosecutions (second respondent)
FILE NUMBER(S): CA 2009/298567
COUNSEL: G D Wendler (applicant) D M L Woodburne (2nd respondent)
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