Recent Cases

Corliss v Director of Public Prosecutions (NSW) [2023] NSWCA 263 (02 November 2023) (Adamson and Stern JJA, Basten AJA)


ADMINISTRATIVE LAW – jurisdictional error –application to re-open proceedings pursuant to Crimes (Sentencing Procedure) Act 1999 (NSW), s 43 – where District Court dismissed application – whether jurisdictional error – whether penalty contrary to law

SENTENCING – relevant factors on sentence – form 1 offences – jurisdictional error – Crimes (Sentencing Procedure) Act 1999 (NSW), s 35A(2) – whether failure to comply with s 35A(2) invalidates sentence – no jurisdictional error

ADMINISTRATIVE LAW – ground of review other than procedural fairness – procedural error – right to reasons – inadequacy of reasons – whether inadequacy of reasons on part of non-superior court amounts to jurisdictional error – nature of judicial duty to give reasons – reasons adequately conveyed essential ground for decision

ADMINISTRATIVE LAW – whether reviewable error of law – jurisdictional error – materiality – no practical injustice – no materiality