Lunney v Director of Public Prosecutions [2021] NSWCA 186 (25 August 2021) (Meagher JA at [1]; White JA at [8]; McCallum JA at [9].)


Catchwords:


APPEALS – nature of appeal – appeal by way of rehearing – appeal against conviction under s 11(1) of the Crimes (Appeal and Review) Act – where applicant appealed from the Local Court to the District Court alleging specific errors on the part of the Local Court – whether the District Court was required to undertake a complete review of the whole of the evidence and form its own view as to the applicant’s guilt regardless of the issues raised in the appeal – absence of any clearly articulated argument the resolution of which required a review of the whole of the evidence