Khoury v R (No 1) [2021] NSWDC 434

Khoury v R (No 1) [2021] NSWDC 434

Leave was granted because the substance of the appeal was against the refusal of the s 32 application and therefore it properly proceeded as an all-grounds appeal; the plea of guilty was entered only in consequence of the refusal of the s 32 application, which provided a substantial and proper basis for leave under s 12, and the evidence below fitted comfortably within the statutory purposes of s 32 such that the applicant had significant prospects of success in making the application afresh.

Jurisdiction
Australia
Judgment Date
21 July 2021
Procedural Posture
Criminal Appeal From Local Court to District Court / Notice of Motion for Leave to Appeal Against Convictions After Plea of Guilty
Outcome
Leave granted to appeal all grounds pursuant to s 12 of the Crimes (Appeal and Review) Act 2001 (NSW).
Legal Topics
['appeal From Local Court to District Court' 'leave to Appeal After Plea of Guilty' 'mental Health (forensic Provisions) Act 1990 (nsw) S 32']
['criminal Law' 'mental Health Law' 'appeal and Review'] ['appeal From Local Court to District Court' 'leave to Appeal After Plea of Guilty' 'mental Health (forensic Provisions) Act 1990 (nsw) S 32']

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 to District Court / Notice of Motion for Leave to Appeal Against Convictions After Plea of Guilty

Legal Issues

  1. 1 ['Whether leave should be granted under s 12 of the Crimes (Appeal and Review) Act 2001 (NSW) to appeal against convictions in the Local Court after a plea of guilty.' 'Whether an appeal against refusal of a s 32 application should proceed as a conviction appeal with leave.']

Ratio Decidendi

Leave was granted because the substance of the appeal was against the refusal of the s 32 application and therefore it properly proceeded as an all-grounds appeal; the plea of guilty was entered only in consequence of the refusal of the s 32 application, which provided a substantial and proper basis for leave under s 12, and the evidence below fitted comfortably within the statutory purposes of s 32 such that the applicant had significant prospects of success in making the application afresh.

Court Disposition

Leave granted to appeal all grounds pursuant to s 12 of the Crimes (Appeal and Review) Act 2001 (NSW).

Orders

  • ['Leave granted to appeal all grounds granted pursuant to section 12 Crimes (Appeal and Review) Act 2001 (NSW).']