Woods v Director of Public Prosecutions (NSW) (No 1) [2015] NSWCA 398

Woods v Director of Public Prosecutions (NSW) (No 1) [2015] NSWCA 398

The applicant failed to establish procedural unfairness or jurisdictional error by the District Court; factual findings of the District Court are not reviewable in the Supreme Court; the summons was dismissed.

Jurisdiction
Australia
Judgment Date
07 December 2015
Procedural Posture
Judicial Review / Court of Appeal Decision
Outcome
Summons dismissed
Legal Topics
['procedural Fairness' 'jurisdictional Error' 'fact Finding' 'drug Offences']
['criminal Law' 'judicial Review'] ['procedural Fairness' 'jurisdictional Error' 'fact Finding' 'drug Offences']

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Procedural Posture

Judicial Review / Court of Appeal Decision

Legal Issues

  1. 1 ['Whether procedural unfairness occurred in the District Court' 'Whether there was constructive failure by the District Court to exercise jurisdiction' 'Whether complaints as to fact-finding engaged jurisdictional error']

Ratio Decidendi

The applicant failed to establish procedural unfairness or jurisdictional error by the District Court; factual findings of the District Court are not reviewable in the Supreme Court; the summons was dismissed.

Court Disposition

Summons dismissed

Orders

  • ['Dismiss the summons filed on 27 February 2014 seeking review of the judgment of the District Court given on 2 October 2013']