Recent Cases

Shapkin v Director of Public Prosecutions (No 2) [2024] NSWCA 263 (05 November 2024) (McHugh JA at [1]; Basten AJA at [107]; Griffiths AJA at [121])


Catchwords:


ADMINISTRATIVE LAW – jurisdictional error – refusal to submit questions of law to the Court of Criminal Appeal under s 5B of the Criminal Appeal Act 1912 (NSW) – whether District Court judge considered irrelevant matters – whether identified questions of law arose on the appeal

CRIMINAL PROCEDURE – stay – convictions and sentence confirmed on appeal from Local Court to District Court – sentence served – summons seeking judicial review dismissed – whether convictions could be stayed