Sasterawan v Morris [2008] NSWCA 70

Sasterawan v Morris [2008] NSWCA 70

Errors of law were established on the face of the record: primary judge gave inadequate reasons, failed to make a finding on the essential element of knowledge of falsity, and misstated the burden of proof. These warranted certiorari relief, and the proceeding was not futile nor precluded by delay or stated case procedure. Orders made by the District Court should be quashed and the matter remitted for rehearing.

Jurisdiction
Australia
Judgment Date
24 April 2008
Procedural Posture
Judicial Review (certiorari Application) / Appeal From District Court, Application for Certiorari in Court of Appeal
Outcome
Orders of the District Court are quashed; the proceedings are remitted for rehearing; costs orders as stated.
Legal Topics
['failure to Give Reasons' 'jurisdictional Error' 'error of Law on the Face of the Record' 'onus and Burden of Proof' 'stated Case Procedure' 'certiorari' 'crimes Act Offences']
['criminal Law' 'administrative Law' 'judicial Review'] ['failure to Give Reasons' 'jurisdictional Error' 'error of Law on the Face of the Record' 'onus and Burden of Proof' 'stated Case Procedure' 'certiorari' 'crimes Act Offences']

Case Brief

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Procedural Posture

Judicial Review (certiorari Application) / Appeal From District Court, Application for Certiorari in Court of Appeal

Legal Issues

  1. 1 ['Whether failure by primary judge to give adequate reasons is an error of law or jurisdictional error' 'Whether primary judge failed to find essential element of charge proven (knowledge of falsity)' 'Whether primary judge misstated burden of proof' 'Whether discretionary relief in the nature of certiorari should be granted' 'Whether errors of law should have been submitted as questions of law in stated case under s 5B Criminal Appeal Act 1912']

Ratio Decidendi

Errors of law were established on the face of the record: primary judge gave inadequate reasons, failed to make a finding on the essential element of knowledge of falsity, and misstated the burden of proof. These warranted certiorari relief, and the proceeding was not futile nor precluded by delay or stated case procedure. Orders made by the District Court should be quashed and the matter remitted for rehearing.

Court Disposition

Orders of the District Court are quashed; the proceedings are remitted for rehearing; costs orders as stated.

Orders

  • ['District Court Proceedings No. 05/22/0149 removed into the Court of Appeal' 'Orders made by Nicholson DCJ on 7 September 2005 quashed' 'Proceedings remitted to District Court for rehearing' 'Costs of Local Court hearing and District Court reserved for determination on remitted hearing' "First opponent to pay...