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R v Ashcroft
[2024] NSWDC 603
Citation 1
(Para 3)
…o undertake a free-standing review of all of the evidence in the absence of guidance and submissions from the parties: Lunney v DPP (2021) 105 NSWLR 236 at [3], [29]-[30]; and the appellate judge is not precluded from referring to the reasons for decision of the Local Court Magistrate and findings by the Magistrate as…
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R v Guider
[2024] NSWDC 588
Citation 2
(Para 3)
…o undertake a free-standing review of all of the evidence in the absence of guidance and submissions from the parties: Lunney v DPP (2021) 105 NSWLR 236 at [3], [29]-[30]; and 2. the appellate judge is not precluded from referring to the reasons for decision of the Local Court Magistrate and findings by the Magistrate…
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R v Barlow
[2024] NSWDC 539
Citation 3
(Para 4)
…in McNab v Director of Public Prosecutions (NSW) (2021) 106 NSWLR 430; [2021] NSWCA 298 (‘ McNab ’) and Lunney v Director of Public Prosecutions (2021) 105 NSWLR 236; [2021] NSWCA 186 (‘ Lunney ’) the Court’s jurisdiction to intervene and set aside a conviction is dependent upon the appellant establishing error by the…
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Bird v Redman
[2024] NSWDC 60
Citation 4
(Para 3)
…to undertake a free-standing review of all of the evidence in the absence of guidance and submissions from the parties: Lunney v DPP (2021) 105 NSWLR 236 at [3], [29]-[30]; and the appellate judge is not precluded from referring to the reasons for decision of the Local Court Magistrate and findings by the Magistrate a…
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Jeske v The King
[2023] NSWDC 565
Citation 5
(Para 3)
…in this Court to undertake a free-standing review of all of the evidence in the absence of guidance and submissions from the parties: Lunney v DPP (2021) 105 NSWLR 236 at [3], [29]-[30] [1] ; and (2) the appellate judge is not precluded from referring to the reasons for decision of the Local Court Magistrate and findi…
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R v Doumit
[2023] NSWDC 558
Citation 6
(Para 3)
…o undertake a free-standing review of all of the evidence in the absence of guidance and submissions from the parties: Lunney v DPP (2021) 105 NSWLR 236 at [3], [29]-[30]; and 2. the appellate judge is not precluded from referring to the reasons for decision of the Local Court Magistrate and findings by the Magistrate…
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R v Beergah
[2023] NSWDC 464
Citation 7
…nn (1893) 6 R 67 Haile v R [2022] NSWCCA 71 Hofer v The Queen (2021) 274 CLR 357 Liberato v The Queen (1985) 159 CLR 507 Lunney v DPP (2021) 105 NSWLR 236 McNab v DPP (NSW ) (2021) 106 NSWLR 430 Park v R [2023] NSWCA 71 R v Scott [2023] NSWDC 271 Weissensteiner v The Queen (1993) 178 CLR 217 Category: Principal judgmen…
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R v Scott
[2023] NSWDC 271
Citation 8
(Para 1)
…al in this Court to undertake a free-standing review of all of the evidence in the absence of guidance and submissions from the parties: Lunney v DPP (2021) 105 NSWLR 236 at [3], [29]-[30]; and…
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West v The King
[2023] NSWDC 213
Citation 9
(Para 2)
…idence to be led if leave to do so is sought and granted. The parties proceeded on the appeal in line with the fairly recent decision of Lunney v DPP (2021) 105 NSWLR 236, though it is to be noted there is other Court of Appeal authority that differs; see for example Gianoutsos v Glykis [2006] NSWCCA 137 . Nothing turn…
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Truong v Director of Public Prosecutions (NSW)
[2023] NSWCA 64
Citation 10
(Para 25)
…In Lunney v Director of Public Prosecutions (NSW) (2021) 105 NSWLR 236; [2021] NSWCA 186 this Court (at [4] per Meagher JA; [44] per McCallum JA, White JA agreeing at [8]) noted that the appellate task on such a rehearing does not involve the District Court undertaking a complete review of the evidence in order to form…
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R v Arkle
[2022] NSWDC 523
Citation 11
(Para 4)
…ourt’s approach to appeals against convictions from the Local Court, being McNab v DPP (NSW ) (2021) 106 NSWLR 430 (“ McNab ”) and Lunney v DPP (2021) 105 NSWLR 236 (“ Lunney ”). Both decisions affirm that this Court’s jurisdiction to intervene and set aside a conviction is enlivened upon the demonstration of error, be…
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Hanna v Director of Public Prosecutions
[2022] NSWDC 491
Citation 12
(Para 18)
…In Lunney v DPP (2021) 105 NSWLR 236; [2021] NSWCCA 186 the Court of Appeal held that the scope the appeal is to be determined by reference to the issues identified by the parties. The direction in s18 of the Act as to the nature of such an appeal does not require the District Court to undertake a complete review of th…
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R v Wong
[2022] NSWDC 257
Citation 13
(Para 5)
…ourt’s approach to appeals against convictions from the Local Court, being McNab v DPP (NSW ) (2021) 106 NSWLR 430 (“ McNab ”) and Lunney v DPP (2021) 105 NSWLR 236 (‘ Lunney ”).…
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Lv v Secretary of Department of Communities and Justice
[2022] NSWDC 43
Citation 14
(Para 18)
…he task is comparable to the task of this Court, in its criminal jurisdiction, determining conviction appeals from the Local Court see Lunney v DPP (2021) 105 NSWLR 236. As Lunney also made clear in that different context, there are not only natural limitations upon an appellate court in appeals primarily reviewing evi…
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Newman v Norfolk Island Police
[2023] NFSC 1
Citation 15
(Para 5)
…I note that the conclusions in Lunney v Director of Public Prosecution (NSW) [2021] NSWCA 186; (2021) 105 NSWLR 236 ( Lunney ) are to similar effect: see [2] and [24]. An issue that arose in Lunney was the extent of the necessary review, to which McCallum JA concluded at [44] (with whom White JA agreed) that: In any ev…