Recent Cases

Petch v Director of Public Prosecutions (NSW) [2022] NSWCA 33 (11 March 2022) (Basten, Macfarlan and Payne JJA)


Catchwords:


COURTS AND JUDGES – jurisdictional error – District Court – crime – appeal from Local Court – offence of knowingly giving false evidence before the Independent Commission against Corruption – failure to consider substantial component of defendant’s case – significance to defendant of subject-matter of false statement – significance first raised by prosecutor

COURTS AND JUDGES – jurisdictional error – District Court – crime – appeal from Local Court – offence of giving false evidence before the Independent Commission against Corruption – defendant called expert evidence of cognitive impairment and memory loss – whether judge failed to apply criminal burden and standard of proof – whether burden cast on defence – judgment to be read as a whole