Franklin v Director of Public Prosecutions (NSW) [2021] NSWCA 83

Franklin v Director of Public Prosecutions (NSW) [2021] NSWCA 83

The District Court Judge erred in refusing to state a case to the Court of Criminal Appeal in relation to question (d), as it raised a clear and material question of law concerning the admissibility of a business record; the failure to do so constituted jurisdictional error necessitating quashing of the refusal and remitting the question to be dealt with according to law.

Jurisdiction
Australia
Judgment Date
19 May 2021
Procedural Posture
Judicial Review / Appellate Decision
Outcome
Partly allowed
Legal Topics
['judicial Review' 'admissibility of Evidence' 'questions of Law' 'business Records' 'district Court Powers' 'hearsay' 'jurisdictional Error']
['civil Law' 'criminal Law' 'evidence'] ['judicial Review' 'admissibility of Evidence' 'questions of Law' 'business Records' 'district Court Powers' 'hearsay' 'jurisdictional Error']

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Procedural Posture

Judicial Review / Appellate Decision

Legal Issues

  1. 1 ['Whether the District Court erred in refusing to state a case to the Court of Criminal Appeal pursuant to s 5B of the Criminal Appeal Act 1912 (NSW) in relation to the admissibility of a business record (question (d))' 'Whether any of the 10 questions raised by the applicant were questions of law suitable for referral under s 5B' 'Whether the District Court Judge failed to exercise jurisdiction conferred by s 5B']

Ratio Decidendi

The District Court Judge erred in refusing to state a case to the Court of Criminal Appeal in relation to question (d), as it raised a clear and material question of law concerning the admissibility of a business record; the failure to do so constituted jurisdictional error necessitating quashing of the refusal and remitting the question to be dealt with according to law.

Court Disposition

Partly allowed

Orders

  • ["Quash the order of the District Court refusing to state a case to the Court of Criminal Appeal pursuant to s 5B of the Criminal Appeal Act 1912 (NSW) in relation to question (d) in the plaintiff's application dated 21 August 2020." 'Remit the matter to the District Court to be dealt with according to law.'...