Franklin v Director of Public Prosecutions [2022] NSWCA 58 (12 April 2022) (Basten, Macfarlan and Brereton JJA)


Catchwords:


CRIME — appeal and review — appeal from Local Court to District Court — privative clause precludes judicial review unless jurisdictional error — whether refusal by a District Court judge to state a case to the Court of Criminal Appeal under s 5B of the Criminal Appeal Act 1912 (NSW) amounted to a jurisdictional error

APPEALS — procedural fairness — bias or apprehension of bias — District Court judge after correction on appeal declined for a second time to state a case because an answer by the Court of Criminal Appeal to the question of law in favour of the applicant would not have affected the outcome of the appeal to the District Court