South Eastern Sydney Local Health District v Lazarus [2020] NSWCA 183

South Eastern Sydney Local Health District v Lazarus [2020] NSWCA 183

The District Court does not have jurisdiction under s 97(1) of the Victims Rights and Support Act 2013 (NSW) to order compensation where it did not itself convict the offender but merely dismissed an appeal against a conviction imposed by the Local Court. The power to make such a compensation direction is limited to the convicting court, here the Local Court, and is not transferred to the appellate court unless the appellate court itself makes the conviction.

Jurisdiction
Australia
Judgment Date
19 August 2020
Procedural Posture
Judicial Review / Court of Appeal Determination on Summons for Judicial Review
Outcome
Summons dismissed
Legal Topics
['judicial Review' 'jurisdictional Error' 'victims Rights and Support Act S 97' 'appeal From Conviction' 'compensation Orders']
['administrative Law' 'criminal Law'] ['judicial Review' 'jurisdictional Error' 'victims Rights and Support Act S 97' 'appeal From Conviction' 'compensation Orders']

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Procedural Posture

Judicial Review / Court of Appeal Determination on Summons for Judicial Review

Legal Issues

  1. 1 ["Whether the District Court had jurisdiction to make directions for compensation pursuant to s 97(1) of the Victims Rights and Support Act 2013 (NSW) where the conviction was originally in the Local Court and only 'confirmed' in the District Court on appeal." 'Whether the primary judge fell into jurisdictional error in holding the District Court did not have such jurisdiction.']

Ratio Decidendi

The District Court does not have jurisdiction under s 97(1) of the Victims Rights and Support Act 2013 (NSW) to order compensation where it did not itself convict the offender but merely dismissed an appeal against a conviction imposed by the Local Court. The power to make such a compensation direction is limited to the convicting court, here the Local Court, and is not transferred to the appellate court unless the appellate court itself makes the conviction.

Court Disposition

Summons dismissed

Orders

  • ['Application for judicial review is dismissed.']