Franklin v Director of Public Prosecutions (NSW) [2021] NSWCA 83 (19 May 2021) (Brereton JA at [1], McCallum JA at [5], Hamill J at [6])


Catchwords:


CIVIL LAW – judicial review – jurisdictional error – whether District Court erred in failing to state a case to the Court of Criminal Appeal – power of Judge to decline to state a question of law – tension in authorities – unnecessary to resolve conflict in authorities – where nine of ten questions raised were not relevant questions of law – whether questions frivolous or baseless – where remaining question raised a material question of law concerning admissibility of probative evidence – jurisdictional error established

CRIMINAL LAW – evidence – exculpatory statement by accused to community corrections officer immediately after alleged assault – where statement recorded in Departmental record – whether hearsay – whether business record – where Magistrate excluded evidence as “self-serving” – where District Court refused leave to introduce evidence on appeal – whether admissibility of record raised a question of law alone