Kostov v Commissioner of Police (No 2) [2020] NSWSC 679

Supreme Court New South Wales

Medium Neutral Citation: Kostov v Commissioner of Police (No 2) [2020] NSWSC 679 Hearing dates: 29 May 2020 Decision date: 01 June 2020 Jurisdiction: Common Law Before: Adamson J Decision: (1) Substitute the Commissioner of Police, NSW Police Force, for NSW Police as the defendant in the proceedings.

(2) Extend the time within which the summons is to be filed to 20 February 2020.

(3) Refuse leave to appeal.

(4) Otherwise dismiss the summons. Catchwords: CRIME — Appeal and review — Appeal from Local Court to Supreme Court — where self-represented accused left courtroom during part of proceedings in court below — whether Magistrate erred by relying on evidence of witnesses who were not cross-examined — whether accused was required to be legally represented — whether accused who chooses to absent themself during proceedings is taken to be present for purposes of Crimes (Appeal and Review) Act 2001 and Criminal Procedure Act 1986 Legislation Cited: Commonwealth Constitution Court Suppression and Non-publication Orders Act 2010 (NSW), s 6 Crimes Act 1900 (NSW), s 254 Crimes (Appeal and Review) Act 2001 (NSW), ss 4, 8, 11, 52, 53, 55 Crimes (Sentencing Procedure) Act 1999 (NSW), s 25 Criminal Procedure Act 1986 (NSW), ss 3, 28, 36, 37, 38, 192, 194, 195, 196, 202 Judiciary Act 1903 (Cth), s 78B Mental Health (Forensic Provisions) Act 1990 (NSW), s 32 Supreme Court Act 1970 (NSW), s 69 Supreme Court Rules 1970 (NSW), Pt 51B, r 6 Vexatious Proceedings Act 2008 (NSW), ss 8, 13 Cases Cited: Dietrich v The Queen (1992) 177 CLR 292; [1992] HCA 57 Kostov v Director of Public Prosecutions (NSW) (No 2) [2020] NSWCA 94 at [71] McKellar v DPP [2014] NSWSC 459 Minister for Foreign Affairs and Trade v Magno (1992) 37 FCR 298 Texts Cited: International Covenant on Civil and Political Rights, Art 14 Category: Principal judgment Parties: Adriana Kostov (Plaintiff) Commissioner of Police, NSW Police Force (Defendant) Representation: Counsel: Self-represented (Plaintiff) K Curry (Defendant on all issues other than s 78B of the Judiciary Act 1903 (Cth)) R McEwen (Defendant on issues under s 78B of the Judiciary Act 1903 (Cth))