Khamiss v Director of Public Prosecutions (NSW) (No 2)

The applicant, Mr Khamiss, appealed to the District Court against a conviction in the Local Court. The Director of Public Prosecutions (NSW) sought to have this appeal dismissed for want of prosecution. The District Court dismissed the applicant's appeal under section 21 of the *Crimes (Appeal and Review) Act 1999* (NSW). Mr Khamiss then sought judicial review of the District Court's decision in the Court of Appeal.

The Court of Appeal was required to determine whether the dismissal of Mr Khamiss's appeal by the District Court operated as a confirmation of the original Local Court conviction. It also had to consider whether the Local Court's decision was reviewable by the Court of Appeal, particularly in light of an alleged jurisdictional error by the Local Court Magistrate who, during the cross-examination of the defendant, held a private discussion in Chambers with the prosecutor.

The Court of Appeal held that a dismissal of an appeal under section 21 of the *Crimes (Appeal and Review) Act 1999* (NSW) for want of prosecution operates as a confirmation of the conviction by the Local Court. The Court found that there was no jurisdictional error in the District Court's decision to dismiss the appeal. Furthermore, the Court determined that, in these circumstances, judicial review of the Local Court's decision was not available. Consequently, the application for judicial review was dismissed.