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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.

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