By Kartini Saddington
In DPP v Jones, Dillon Michael  NSWCCA 164, the NSW Court of Criminal Appeal responded to questions of law referred by his Honour Judge Colefax SC, under s 5B of the Criminal Appeal Act 1912 (NSW). These questions fell under three main categories: can a Local Court Magistrate revoke bonds imposed by a District Court judge; can a direction that a bond be called up before a particular judge be binding; and if the Local Court does not have jurisdiction to revoke District Court bonds, is the resultant sentence invalid? Continue reading “Director of Public Prosecutions (NSW) v Jones, Dillon Michael  NSWCCA 164”
By Seppy Pour
On 2 August 2017, the NSWCCA handed down its decision in Issa v R  NSWCCA 188. The case considered, inter alia, a rather unusual application of the De Simoni principle.
The appellant was found guilty of five counts of intentionally damaging property by means of fire and five counts of doing an act with intent to pervert the course of justice. During the course of the trial, the appellant also pleaded guilty to one count of recklessly cause grievous bodily harm in company. Zahra DCJ imposed an aggregate sentence of 12 years with a non-parole period of 9 years. In coming to his determination, his Honour took into account the fact that the damage to properties by fire harboured the possibility of injury to others in the vicinity of the properties. Continue reading “Issa v R: application of De Simoni principle”
By Sarah Shin
In Tootle the NSWCCA considered whether inviting a jury to ask questions of witnesses amounted to a miscarriage of justice.
Continue reading “Tootle v R – encouraging the jury to ask questions of witnesses”