CHARARA v THE QUEEN [2006] NSWCCA 244

CHARARA v THE QUEEN [2006] NSWCCA 244

The District Court erred in proceeding by way of hearing de novo and calling witnesses without an application under section 19, contrary to the statutory mandate that appeals are reheard on the transcript except as provided in sections 18 and 19. Orders confirming conviction, fine, and licence suspension must be quashed and proceedings remitted.

Jurisdiction
Australia
Judgment Date
23 August 2006
Procedural Posture
Criminal Appeal / Appeal From District Court to Court of Criminal Appeal
Outcome
Appeal allowed. District Court orders quashed. Proceedings remitted to District Court.
Legal Topics
['appeals From Magistrates' 'appeal Against Conviction' 'rehearing on Transcript of Evidence' 'fresh Evidence' 'calling of Witnesses']
['criminal Law'] ['appeals From Magistrates' 'appeal Against Conviction' 'rehearing on Transcript of Evidence' 'fresh Evidence' 'calling of Witnesses']

Case Brief

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Procedural Posture

Criminal Appeal / Appeal From District Court to Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether the District Court erred in directing the appeal to proceed by way of witnesses giving evidence without an application under section 19 of the Crimes (Local Courts Appeal and Review) Act 2001.' 'Whether an appeal under section 18 is a rehearing on transcript or a hearing de novo.']

Ratio Decidendi

The District Court erred in proceeding by way of hearing de novo and calling witnesses without an application under section 19, contrary to the statutory mandate that appeals are reheard on the transcript except as provided in sections 18 and 19. Orders confirming conviction, fine, and licence suspension must be quashed and proceedings remitted.

Court Disposition

Appeal allowed. District Court orders quashed. Proceedings remitted to District Court.

Orders

  • ['Answer to case stated in the affirmative.' 'Orders made by District Court quashed.' 'Proceedings remitted to District Court to be determined in accordance with the reasons of the Court of Criminal Appeal.']