DK v Director of Public Prosecutions [2021] NSWCA 134 (02 July 2021) (Brereton JA at [1]; McCallum JA at [2]; Simpson AJA at [73])


Catchwords:


APPEALS – Nature of appeal – Appeal by way of rehearing – Appeal against sentence brought by the Director of Public Prosecutions under s 23(1) of the Crimes (Appeal and Review) Act – Whether Director required to establish error – whether the District Court has a “residual discretion” to dismiss the appeal notwithstanding a finding that the sentencing decision entailed error