McNab v Director of Public Prosecutions (NSW) [2021] NSWCA 298 (08 December 2021) (Bell P, Basten and McCallum JJA)


Catchwords:


COURTS AND JUDGES – Supreme Court – supervisory jurisdiction – District Court – jurisdictional error – appeal to District Court from conviction in Local Court – complainant not called as witness on appeal – District Court judge had regard to magistrate’s credibility findings – whether jurisdictional error by District Court

COURTS AND JUDGES – Supreme Court – Supervisory jurisdiction – District Court – jurisdictional error – applicant convicted in Local Court – conviction appeal to District Court – onus of proof on prosecutor to establish guilt beyond reasonable doubt – whether appellant required to establish factual, legal or discretionary error by magistrate – whether requirement that appellant demonstrate error reverses onus of proof – Crimes (Appeal and Review) Act 2001 (NSW) s 18