Nabi v Director of Public Prosecutions (NSW)

The applicant, Nabi, sought judicial review of a decision of the District Court of New South Wales, which had dismissed his appeal from a conviction in the Local Court. The Director of Public Prosecutions (NSW) was the respondent. The core of the dispute concerned alleged jurisdictional error by the District Court judge in their handling of Nabi's appeal.

The Court of Appeal was required to determine whether the District Court judge had made a jurisdictional error by failing to refer to a specific submission made by the applicant and by failing to address the absence of corroborative evidence in the proceedings. The applicant contended that these omissions indicated the judge had misunderstood the scope and limits of their appellate function.

Ward P, Meagher JA and Basten AJA dismissed the summons, finding no basis to conclude that the District Court judge had mistaken the extent or limits of their appellate function. The Court held that the judge’s reasons for judgment, when read as a whole, demonstrated a proper understanding and exercise of their appellate jurisdiction, notwithstanding the absence of explicit reference to every submission or piece of evidence. The Court ordered that the applicant pay the respondent’s costs and that the community correction order recommence on 9 June 2022, terminating on 11 May 2025.