Hashimi v R [2023] NSWDC 390

Hashimi v R [2023] NSWDC 390

The appeal was dismissed because, although s 4G required the appellant's consent before the Local Court could deal summarily with the Commonwealth offence, consent could be inferred from the appellant's solicitor's correspondence seeking pleas of not guilty and a hearing, the listing of the matter for hearing, and the solicitor's conduct of the hearing in a manner consistent only with proceeding summarily. The District Court was satisfied on the material before the magistrate that the relevant consent was communicated to the Local Court, and the appellant made no submissions establishing any merits error.

Jurisdiction
Australia
Judgment Date
21 September 2023
Procedural Posture
Criminal Appeal From Local Court Convictions / District Court Appeal Under S 18 of the Crimes (appeal and Review) Act 2001
Outcome
Appeal dismissed
Legal Topics
['appeal From Local Court' 'jurisdiction of Local Court' 'consent of Accused to Summary Hearing' 'commonwealth Indictable Offences Dealt With Summarily' 'use of Carriage Service to Menace, Harass or Offend' 'domestic Violence Offence']
['criminal Law' 'criminal Procedure'] ['appeal From Local Court' 'jurisdiction of Local Court' 'consent of Accused to Summary Hearing' 'commonwealth Indictable Offences Dealt With Summarily' 'use of Carriage Service to Menace, Harass or Offend' 'domestic Violence Offence']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Appeal From Local Court Convictions / District Court Appeal Under S 18 of the Crimes (appeal and Review) Act 2001

Legal Issues

  1. 1 ['Whether the Local Court had jurisdiction to hear and determine the Commonwealth offence under s 474.17(1) of the Criminal Code Act 1995 (Cth) on a summary basis.' 'Whether the appellant consented to the Local Court dealing with the Commonwealth offence summarily as required by s 4G of the Crimes Act 1914 (Cth).' "Whether there was any basis to disturb the magistrate's findings on the merits that the appellant sent the relevant text or WhatsApp messages."]

Ratio Decidendi

The appeal was dismissed because, although s 4G required the appellant's consent before the Local Court could deal summarily with the Commonwealth offence, consent could be inferred from the appellant's solicitor's correspondence seeking pleas of not guilty and a hearing, the listing of the matter for hearing, and the solicitor's conduct of the hearing in a manner consistent only with proceeding summarily. The District Court was satisfied on the material before the magistrate that the relevant consent was communicated to the Local Court, and the appellant made no submissions establishing any merits error.

Court Disposition

Appeal dismissed

Orders

  • ['The appeal filed on 2 December 2022 is dismissed.']