Morgan v District Court of New South Wales [2017] NSWCA 105

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Morgan v District Court of New South Wales [2017] NSWCA 105 Hearing dates: 10 May 2017 Decision date: 23 May 2017 Before: Beazley ACJ at [1]; Macfarlan JA at [8]; Meagher JA at [9] Decision: 1. Pursuant to UCPR, r 59.10(2), extend the time for the applicant to file the summons in this proceeding to 8 June 2016. 2. Set aside the orders made by the District Court on 30 May 2014. 3. Order the District Court to determine the appeal in proceeding 2013/00262932 by setting aside the applicant's conviction ordered by the Local Court at Tweed Heads on 7 January 2014. 4. Direct the Registrar to cause a memorandum that the conviction has been set aside to be endorsed on the conviction in accordance with Crimes (Appeal and Review) Act 2001 (NSW), s 73. 5. Order the State of New South Wales to pay any reasonably incurred disbursements and witness expenses of the applicant in the proceeding in this Court. Catchwords: ADMINISTRATIVE LAW – judicial review – relationship between criminal jurisdiction at first instance and jurisdiction on appeal by way of rehearing – review of decision of District Court in its criminal jurisdiction on appeal from Local Court – where Local Court committed jurisdictional error by summarily hearing indictable offence and convicting applicant – whether District Court committed jurisdictional error by dismissing appeal – whether misconstruction of statutory elements of offence by inferior court constitutes jurisdictional error

CRIMINAL LAW – particular offences – offences relating to postal services, telecommunications and computers – meaning of "offensive" in Criminal Code (Cth), s 474.17(1) – whether Criminal Code (Cth), s 474.17(1) limited to communications received by persons in s 474.17(2)