By Thomas Spohr -
Key decisions
- Director of Public Prosecutions (NSW) v Kmetyk [2018] NSWCA 156
- Director of Public Prosecutions (NSW) v Kmetyk (No 2) [2018] NSWCA 195
- Bandao v R; Bruce v R [2018] NSWCCA 181
Director of Public Prosecutions (NSW) v Kmetyk [2018] NSWCA 156; Director of Public Prosecutions (NSW) v Kmetyk (No 2) [2018] NSWCA 195
District Court appeals – stay of disqualification – meaning of ‘conviction’
This twin pair of appellate judgments significantly alters the previously-accepted state of affairs in relation to stays of disqualifications pending an appeal. The Court of Appeal has (twice) provided an interpretation of legislation which means an appellant who lodges a severity appeal will not have disqualification periods stayed pending the appeal if they are automatically imposed by statute.